In all cases before the Zoning Board of Adjustment, it is the applicants burden to prove his or her case. 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. Legally permitted Bed & Breakfasts. Fredrick P. Niemann, Esq. Jane was the daughter of a prominent Scots-Irish Canadian fur trader and an Ojibwe chief's daughter based in Sault Ste. The Master Plan identifies current trends and needs and presents recommendations for meeting those needs. When attempting to subdivide land, develop property, establish a business, build a commercial building or simply add an addition to ones house, a property owner may be required to apply for a variance with the Municipal Planning Board or Zoning Board if the land, structure, or proposed use of the property does not conform to the zoning ordinances of the municipality. 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. 2023 Leelanau Enterprise, Leelanau County, Michigan. 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. Timber Shores sees Elsenheimers ruling as a clear victory. Low 29F. 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. 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. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. Document Center. Apply for or Renew a Short Term Rental Permit. 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. 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. Township planners made revisions to the zoning ordinance that included campsite setbacks, occupancy and density standards and more. 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. Record-Eagle stories focusing on the Grand Traverse area's 2022 elections and related issues: The board then adopted new specs for the commercial resort zone where the proposed RV park was slated to be built and pushed zoning from 40 to 125 feet from the waterfront. please contact Fredrick P. Niemann, Esq., an experienced, knowledgeable zoning land use \attorney. 2017 Leelanau County Guide to Permitting and Zoning 6 Leelanau County Governmental Units As you can see from the zoning map shown above, there are 3 incorporated villages and 11 townships Generally, there are two broad categories of variances. 7, Lydia Roman (Deputy Clerk) dclerk@leelanautownshipmi.gov phone: (231) 386-5138 ext. 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. 2. Section 1.1 Purpose and Scope . Cypher Group Inc, P.O. Box 338 Box 338, Northport, MI 49670 . Section 1.3 Title . Planning, Land Use Planner The Zoning Ordinance, Zoning Map, and Master Plan can be found on this website. They would apply to any campground, he says. Chris McCann. 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. I dont want to change it, frame of mind, she said. information is true and accurate and in compliance with the Leelanau Township Zoning Ordinance. The impact of the project (would) be so huge, it will more than double the population (in the summer months), he said. Gohere to purchase a subscription. Im going to teach you about these laws/ordinances on this and the following pages together with a legal term called a variance(s). Leelanau Township Zoning Ordinance . In some cases, it may not be possible to meet these requirements because of the shape or special physical characteristics of the property. Box 338 Northport, MI 49670. PHONE: (231) 360-2557 FAX: (231) 334-6370 All development must conform to the specific requirements of the zoning district in which the property is located. [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. Rick Cross (Supervisor) supervisor@leelanautownshipmi.gov phone: (231) 386-5138 ext. It is drained by the Leland River into Lake Michigan, and covers 8,700 acres (40km2). Written comments will be accepted at and prior to the meeting. All rights reserved, The property of Timber Shores stretches over acres of land on the east side on M-22 near N. Overlook Road. "Leelanau" was traditionally said to be a Native American word meaning "delight of life,"[6] but the name was more likely invented by Henry Rowe Schoolcraft, the United States Indian agent for the territory in the early 19th century, or his wife Jane Johnston Schoolcraft. Guest Houses & Duplexes. The Leelanau Ticker is back with a look at the most alarming, offbeat, or otherwise newsworthy calls to the Leelanau Office of Emergency Management/911 dispatch. It got new life from the mid-1960s to the late 1970s. Each parcel of land in a municipality is located within a zoning district. 1, or clerk@leelanautownshipmi.gov. 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. A few flurries or snow showers possible. Chance of snow 70%. Meeting ID: 881 982 5018 Passcode: 49670 Lake Michigan forms the western coast of the peninsula. 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. The Leelanau Peninsula is a roughly triangular-shaped peninsula that extends about 30 miles (50km) off of Michigan's Lower Peninsula into Lake Michigan. 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 Additional Division Fee $75.00 ea. Chair | 2023. 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. For example, a single-family residential district, professional office district, multi-family, retail, etc. Public Hearing ZO 2017-04-19, a Zoning Ordinance Amendment to amend Section 3.17 Temporary/Seasonal Uses and Structures . Town Supervisor Rick Cross said that as of now, the former Timber Shores proposal was pulled and theres not a new proposal on the table. 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. Land Division Application. Application for rezoning, Variance & etc. 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. 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. [2] Additional railroads would snake up the peninsula with lines from Lake Ann and Traverse City to Provemont, Suttons Bay, and Northport. 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. FORMS/APPLICATIONS, Cypher Group Inc, P.O. Fredrick P. Niemann Esq. Winds NE at 5 to 10 mph. Although the house can meet all of the required zoning requirements, you would like to place the house closer to the front property line than is normally allowed and in order to be consistent with the setback of other houses in the neighborhood. 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. Henry also used the name Leelinau for a character in his writing. Rochester, MN 55904 (507) 328-7100 . The park's creation was controversial because it involved the transfer of private property to public ownership. Timber Shores, along with residents who didnt agree with the new zoning, petitioned a ballot measure to overturn the ordinance that appeared Tuesdays ballot. Nuisance Ordinance. (The number refers to the subsection of the Municipal Land Use Law which describes these variances.). 4 zoning@leelanautownshipmi.gov Click here for documents related to zoning in Leelanau Township It failed in a close vote. 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. These amendments would affect RV parks as a special use in the commercial resort district. 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. Apply for or Renew a Short Term Rental Permit. 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. The safety staffer told the property owner that he must comply with the township zoning ordinance. Should Township of Tobacco, Gladwin County, adopt an Ordinance that provides for the following number of adult-use marihuana establishments within the boundaries of Tobacco Township: (1). A usually skeptical person, I trusted you from the moment I shook your hand! Leelanau County was set off in 1840 and organized in 1863. 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. 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. Their ancestors were among the Algonquian-speaking tribes that largely occupied this area prior to European colonization. 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. These amendments would affect RV parks as a special use in the commercial resort district. She believes the ordinance was too restrictive, and she wanted to see the tourist season grow in Northport with the help of a newly constructed RV Park. I called Fredrick P. Niemann and have developed a great relationship with his lawyers and staff. Information on this website has been prepared for general information. Leelanau County encompasses the entire peninsula. 2122 Campus Drive SE - Suite 100 . Leelanau Township, 119 E. Nagonaba St., P.O. Ordinances: Burning Ordinance. Native Americans who first inhabited the area called this land "ke-ski-bi-ag," which means "narrow body of water."[5]. 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. 3. 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. Please take notice that the Leelanau Township Planning Commission will conduct a Public Hearing and consider the following request during their Regular Meeting on Thursday, March 9, 2023 at 6:30 p.m. at the Leelanau Township Hall, 119 E. Nagonaba St., Northport, MI 49670, with public participation available by Zoom electronic remote access. Located between Traverse City and Suttons Bay, this completely renovated home at 10444 South West Bay Shore the township asked the 13th Circuit Court to decide. Regulating the placement, height and intensity of development, allows a municipality to be a more attractive and orderly community. Each zoning district has specific regulations governing the types of activities and/or uses that can legally be conducted from any property located within that zoning district. VISITOR INFO, RENT THE TOWN HALL An Ordinance to establish land use and building occupancy districts in the Township of Glen Arbor, County of Leelanau, in accordance with the provisions of Act 184 of the Public Acts of 1943, as amended; to govern non-conforming land uses and building occupancy; to establish the office of Zoning Administrator and a Board of . 3, Denise Dunn (Treasurer) treasurer@leelanautownshipmi.gov phone: (231) 386-5138 ext. See Leelanau County for a more complete discussion of the etymology of the name. All rights reserved. Another highway, US 31 between Beulah and Chums Corner, runs perpendicular to M-72 and M-204, although it lies a few miles south of the base of the Leelanau Peninsula. Therefore, it is important that you know the law on zoning and what your Municipal Board is looking for to approve your application. Sign up now to get our FREE breaking news coverage delivered right to your inbox. HOW DO I? 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). 45-008-226-003-01, 45-008-226-003-03, and 45-008-226-003-04) from the Agricultural District to R-1 Residential District. To me, its more than passion. The board can only grant a variance in accordance with the standards set forth in the Municipal Land Use Law. Copyright All rights reserved. 1, or clerk@leelanautownshipmi.gov. 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. 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. 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. At the eponymous community, Lake Leelanau narrows and is crossed by M-204. Click to view the page with a listing of all Glen Arbor Township ordinances. Chance of rain 80%.. Cloudy with snow showers developing after midnight. Section 1.5 General Compliance . MEETINGS / MINUTES 5 Leelanau Township Office - Tuesday from 10 am - 4 pm Agricultural Support Businesses. Zoning Administrator - Steve Patmore Leelanau Township Office hours: Tuesday and Wednesday from 10 am to 4 pm 231- 386-5138 ext. Box 226, Lake Leelanau, MI 49653 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. All rights reserved. The plan is the blueprint upon which future changes will be based. Amendment to Zoning Ordinance April 2022. Im good at what I do but legal matters and dealing with lawyers and legal issues is stressful. 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. 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. Zoning Board of Appeals Fee $500.00 Winds light and variable. 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. Private Road Ordinance. All information presented in this website is copyrighted by Hanlon Niemann & Wright, P.C., or other individuals or entities as designated. M-22 is a famous highway that runs along the coast of the Leelanau Peninsula, as well as further south down Lake Michigan. The planning commissioners created for the first time wetland setbacks, requiring 25 feet between a wetland and any structure or impervious surface, and a setback of at least 10 feet between a wetland and any grading. Marie, Ontario and Michigan, and Henry learned about the Ojibwe (or Chippewa) through his wife's and mother-in-law's family. Rochester-Olmsted Planning Department . Starting on that date, anyone operating or advertising a Short Term Rental must obtain a permit from Leelanau Township. You have permission to edit this article. The Zoning Board may grant a d or use variance to permit a use or type of building that is not otherwise allowed. Timber Shores will always look first to try and resolve disputes, and there has been considerable communication to do just that at every step of the way., Aerial of proposed RV Resort site in Leelanau Township courtesy Timber Shores. Doyle says the townships justification for this entire process the moratorium, the amendment, the lawsuits is the protection of the public health, safety, and welfare, yet a number of elements of the proposed amendment to the commercial resort zoning district were seemingly put in place to hinder the only landowner/developer of any significant commercial resort property in the township.. Steve Patmore (Zoning Administrator) - zoning@leelanautownshipmi.gov phone: (231) 386-5138 ext. 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. adopts zoning amendments. Zoning Review $50 per parcel C. This Ordinance does not apply to the following; these uses are regulated by the Leelanau Township Zoning Ordinance: 1. 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. Notice of Public Hearing 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. For this Master Plan, public input was received during a number of meetings and events held in the summer of 2014, along with input from local elected and appointed officials, created the foundation for the policies of the Plan. Application for rezoning, Variance & etc. 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. The peninsula is also a productive fruit region growing apples and tart cherries. Phone 231-386-5138 x 4, Fax 231-386-7909, Email: . Purpose The primary goals of the Guide are to both act as a quick reference as well as educate individuals, History: Lumberjacks timbered this property during the late 1800s and early 1900s. The campground was a great boost to business in Northport. Cloudy. 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