01.25.12
Zoning Board of Appeals illegal site plan parking variance authorization, violation City Code §154.123, §154.169; Case ZBA-07-2011 – 1088 S. University.
10.06.11
Planning Commission approves site plan that does not conform to standards and requirements contained in the zoning ordinance. Continued violation - City Code § 154.169(D), Michigan Statute MCL 125.3501(4); SPR-11-10 - 1018 S. Main
09.28.11
Zoning Board of Appeals continues violation of state and local statutes MCL 125.3604(7), City Code § 154.169(A) and § 154.163(A). ZBA conducts non-appeal hearing, reviews site plan and authorizes variance, effectively permitting nonconforming new construction; Case ZBA-06-2011 – 1018 S. Main.
09.07.11
Planning Commission approves site plan that does not conform to standards and requirements contained in the zoning ordinance. Continued violation - City Code § 154.169(D), Michigan Statute MCL 125.3501(4); SPR-11-09 – 815 W. Broadway
08.24.11
Zoning Board of Appeals continues violation of state and local statutes MCL 125.3604(7), City Code § 154.169(A) and § 154.163(A). ZBA conducts non-appeal hearing, reviews site plan and authorizes density, parking and setback variance; Case ZBA-11-2011 – 815 W. Broadway.
08.08.11
Special Joint Meeting of the City Commission, Planning Commission, and Zoning Board of Appeals - discussion indicates violations of state and local statutes are intentional; not the result of 'confusion' regarding statutory provisions.
08.04.11
Planning Commission approves site plans that do not conform to standards and requirements contained in the zoning ordinance. Continued violation - City Code § 154.169(D), Michigan Statute MCL 125.3501(4);
07.07.11
Director of Planning Jeffrey Gray informs planning commission that staff permitted operating the liquor store at 1022 S. Mission Street without a mandatory special use permit in early 2010.
06.22.11
Zoning Board of Appeals continues violation of state and local statutes MCL 125.3604(7), City Code § 154.169(A) and § 154.163(A). ZBA conducts nonappeal hearing, reviews site plan and authorizes setback variance; Case ZBA-04-2011 – 510 W. Pickard.
03.24.11
City commission violation Open Meetings Act MCL 15,268(d); convenes illegal closed session for discussion involving purchase of real property subsequent to obtaining option to purchase the property; Agenda item 12. Consider purchase of the Mt. Pleasant Center property.
The Morning Sun reported
12.15.10 the city obtained option to purchase the property on October 25,
2010 for a period of 180 days ending April 25, 2011.
03.03.11
Planning Commission approves site plans that do not conform to standards and requirements contained in the zoning ordinance. Continued violation - City Code § 154.169(D), Michigan Statute MCL 125.3501(4);
01.26.11
Zoning Board of Appeals continues violation of state and local statutes MCL 125.3604(7), City Code § 154.169(A) and § 154.163(A) and § 154.164(D). ZBA conducts non-appeal hearings, authorizes variances allowing 133% density for new construction without demonstration of practical difficulty; Case ZBA-13-2010 – 1007 S. Main, Case ZBA-16-2010 - 1005 S. Main.
01.06.11
The bureaucratic black hole. Planning Commission authorizes special use permit SUP 10-11 stipulating applicant operate in compliance with requirements, fails to inform applicant of means for demonstrating continued compliance.
Director of Planning Jeffrey Gray informs planning commission that staff does not perform City Code §154.067(C)(8) mandatory monitoring/review. video clip
11.23.10
Zoning Board of Appeals continues violations of state and local statutes MCL 125.3604(7), City Code § 154.163(A) - three public hearings, none an enforcement decision appeal.
Case ZBA-13-2010 – 1007 S. Main: Variance request - density (land area supporting 9 occupants, request for 13 occupants) and parking (15 parking spaces required, request for 14 spaces) - postponed
Case ZBA-16-2010 - 1005 S. Main: Variance request - density (land area supporting 9 occupants, request for 12 occupants) - postponed
Case ZBA-15-2010 - 1705-1721 S. Mission: Variance request - Class I restaurant (§ 154.003 definition) requests variance from ordinance provisions applicable to 'Night clubs, bars or taverns' - variance authorized with stipulation variance valid while ordinance provisions are not applicable.
10.27.10
Zoning Board of Appeals continues violations of state and local statutes; Case #ZBA- 12-2010 – 1001 S. Main and 104 E. Gaylord, area deemed sufficient for maximum of 10 occupants/10 vehicles authorized for 12 occupants/12 vehicles:
ZBA, Building Official - not authorized to review site plans MCL 125.3501(1), City Code § 154.169(A)
Variance request - hearing not an appeal of enforcement decision MCL 125.3604(7), City Code§ 154.163(A)
Non-use variance authorized without showing practical difficulty with compliance MCL 125.3604(7), City Code § 154.164(D)
10.07.10
Contradicting Master Plan and Owner Occupied Residential Program goals and the Future Land Use Plan, planning commission recommends rezoning 313, 317 & 401 E. Gaylord from R-3 Single Family
Residential to M-2 Multi-Family Residential.
09.27.10
Mt. Pleasant city commission adopts ordinance text changes completing May 06, 2010 planning commission ruse to avoid special use permit. Text changes @ Ignore and Compound (05.06.10 below)
09.12.10
Currently the city is not updating the planning commission and ZBA areas of it’s website; meeting agenda appear subsequent to meeting dates, planning commission minutes are four months behind, ZBA minutes are five months behind. Mt. Pleasant Sounds Off presents a discussion of the misconduct in office, breach of statutory duty, described in this website and the related blog Regulations Optional?
07.01.10
Planning Commission approves site plan that does not conform to standards and requirements contained in the zoning ordinance. Continued violation - City Code § 154.169(D), Michigan Statute MCL 125.3501(4)
06.23.10
Zoning Board of Appeals conducts illegal variance request hearing and disregards criteria for variance authorization Case 08-2010 – 1280 N. Fancher Continuing violations City Code § 154.163(A), § 154.164(A), § 154.164(D), § 154.169(A), Michigan Statute MCL 125.3604(7)
ZBA Chairman Kulick states standards and requirements contained in the zoning ordinance are arbitrary
Board member suggests 'maybe we need a third ordinance'
06.03.10
Planning Commission approves nonconforming special use permit and site plan for 1023/1025 S. Washington, doubling the number of bedrooms from six(6) to twelve (12). Continued violation - City Code § 154.169(D), § 154.171(A) and Michigan Statute MCL 125.3501(4)
05.26.10
Zoning Board of Appeals conducts illegal variance request hearing and disregards criteria for variance authorization Case 06-2010 – 1023/1025 S. Washington. Continuing violations City Code § 154.163(A), § 154.164(A), § 154.164(D), § 154.169(A), Michigan Statute MCL 125.3604(7)
ZBA Chairman Kulick explains standards and requirements contained in the zoning ordinance are not the product of thoughtful consideration, simply arbitrary determinations based on perceived convenience at the time they were specified.
05.06.10
Planning Commission erroneously determines special use permit not required for residential duplex in OS-1 zoning district, SUP-10-04 – 400-402 S. University:
§ 154.081 OS-1 Office Service Districts - (B) Principle Uses Permitted
(1) All uses as permitted and regulated in the M-1 and adjacent R Residential District, as well as the next less restricted R district
§ 154.051 R Residential Districts - (C) Principal uses permitted subject to special use permits
(9) Two-family dwellings ( § 154.003 Definitions Dwelling - (2) Dwelling, Two-Family - A building used exclusively or designed for the occupancy of two individual families living independently of each other )
§ 154.053 M-1 Multiple Family Residential Districts - (B) Principal uses permitted
(1) All uses permitted and as regulated in the R Residential Districts
(2) Multiple-Family dwellings ( § 154.003 Definitions Dwelling - (3) Dwelling, Multiple-Family - A building containing three or more dwelling units ); and,
continues violation § 154.169(D) and Michigan Statute MCL 125.3501(4) with approval of nonconforming site plan SPR-10-08 – 1280 N. Fancher
04.28.10
Zoning Board of Appeals continues to disregard criteria for variance authorization Case 04-2010 – 1280 N. Fancher
Continuing violations City Code § 154.164(D), Michigan Statute MCL 125.3604(7)
04.01.10
Planning Commission continues to neglect plan review responsibility – 1023/1025 S. Washington, new rooming/boarding dwellings.
Continued violation - City Code § 154.169(D) and Michigan Statute MCL 125.3501(1), MCL 125.3501(4)
02.24.10
Zoning Board of Appeals continues to conduct illegal variance request hearings.
Continued violation - City Code § 154.169(A), § 154.164(A), § 154.163(A) and Michigan Statute MCL 125.3604(7)
12.03.09
Planning Commission illegally approves SPR-09-25 – 802 S. Main, consistent with the ZBA having illegally conducted the Case 06-2009 – 802 S. Main hearing. Felony Misconduct in Office (aka - intentional breach of duty), the demonstrated standard for ordinance administration. With city officials/staff embracing criminal conduct, Mt. Pleasant can achieve outcomes other communities can only imagine.
10.28.09
Conduct Unbecoming repeat? Case 06-2009 – 802 S. Main, ZBA grants multiple non-use/dimensional variances for new construction without compliance related practical difficulties. Misfeasance, performance of a lawful function in an improper manner, describes ZBA action. The ZBA is empowered to authorize variance and in this case state (MZEA 125.3604) and local (§154.164) requirements for grant of variance were ignored. Reasonable expectation for ZBA familiarity with state and local requirements for grant of variance allows further describing ZBA action as felony Misconduct in Office.
Anticipate - Planning Commission SPR-__-__, 802 S. Main nonconforming site plan approval. Misfeasance, performance of a lawful function in an improper manner, describes Planning Commission action. The Planning Commission is empowered to review site plans and in this case state (MZEA 125.3501) and local (§154.169) requirements for site plan approval were ignored. Reasonable expectation for Planning Commission familiarity with state and local requirements for site plan approval allows further describing Planning Commission action as felony Misconduct in Office.
Anticipate – Building Official issue of permits for 802 S. Main constructions. Malfeasance, conduct that is wholly wrong and beyond the authority of the public official, and nonfeasance, failure to perform a duty of the office, describes Building Official action. Local ordinance §154.160 assigns enforcement duty to Building Official, §154.161 conditions issuance of permits on conformance with ordinance provisions and §154.175 directs Building Official act to prevent ordinance violations. Reasonable expectation for Building Official familiarity with local ordinance provisions allows further describing Building Official action as felony Misconduct in Office
Anticipate – City’s failure to provide minimum open spaces, off-street parking, and allowing excessive density are claimed among causally relevant conditions in the event of injury or loss.
09.03.09
Planning Commission continues to ignore ordinance requirement that site plan decisions shall be based on standards and requirements contained in the zoning ordinance. Prior to consideration of SPR-09-20 the Zoning Board of Appeals determined the site plan was not in conformity with standards and requirements contained in the ordinance and indicated the ordinance needed to be updated. Despite ZBA indication certain ordinance provisions were 20 years obsolete, Planning Commission failed to mention ordinance provisions relative to SPR-09-20, much less discuss changing/updating.
04.09.09
Planning Commission approves nonconforming special use permits and nonconforming site plans. Among the approvals are SUP-09-04 and SPR-09-08 facilitating replacement of existing conforming with nonconforming development. see Conduct Unbecoming for additional details.
04.07.09
Response to assertion that Planning Commission 'approval' of nonconforming site plans is unlawful pursuant to the zoning ordinances.
From: "Holton, Jim" <jholton@mt-pleasant.org>
Sent: Tuesday, April 07, 2009 9:09 AM
Subject: RE: Planning Commission meeting 04.09.09
I agree with your argument on this issue. Don't tell anyone! :)
James J. Holton ~ Mayor
City of Mt. Pleasant
In addition to SPR-09-08 nonconforming development, the Planning Commission 04.09.09 agenda includes SUP-09-04 Request for a Special Use Permit to allow a rooming dwelling for 6 occupants in an M-2 multiple family residential district. Applicant is requesting Planning Commission replace conforming special use permit with a nonconforming special use permit.
03.25.09
Zoning Board of Appeals grants variance facilitating the replacement of an existing conforming development with nonconforming development (SPR-09-08). Based on the record, this ZBA action is a violation of state statue MZEA 125.3604(7). Conduct Unbecoming for additional details.
12.04.08
Following information that both the ZBA and city staff determined Special Use Permit and Site Plan unlawful based on standards and requirements contained in the zoning ordinances, the Planning Commission approves Special Use Permit and Site Plan.
09.04.08
Open Meetings Act (Sec. 8) violation - Planning Commission conducted a closed session for the purpose of discussing "a legal opinion as to what action the Planning Commission can take on a site plan that violates a City Commission action."
Planning Commission approves site plan following indication that the Zoning Board of Appeals had correctly determined the site plan did not conform to standards and requirements contained in the zoning ordinances.
08.07.08
Landlord informs Planning Commission Kulick (Director of Planning) OK'd unlawful occupancy.
03.06.08
Planning Commission continues to approve site plans that do not conform to standards and requirements contained in the zoning ordinances.
08.02.07
Demonstrating disregard of regulatory provisions is not limited to Michigan and local zoning statutes, the Planning Commission conducts a special meeting following acknowledgment it had not fulfilled the Open Meetings Act (Sec. 5) requirement for notice of special meetings.
OMA violation was brought to the attention of Prosecuting Attorney Larry Burdick and subsequently to the attention of Attorney General Mike Cox. The Prosecuting Attorney and Attorney General received the Denied Due Process material in conjunction with this violation.
Responses to the OMA violation and Denied Due Process materials can be found at OAG Mike Cox and OPA Larry Burdick.
