§ 154.169 SITE PLAN REVIEW
D)
Decisions conditionally approving or rejecting the site plans shall be
based upon standards and requirements contained in the Zoning
Ordinances.
and, the state encourages compliance
Intentional
breach of a positive statutory duty or the performance of a
discretionary act with an improper motive are grounds for the common
law charge of misconduct in office, a felony punishable by not more
than 5 years imprisonment or by a fine of not more than $10,000.00, or
both in the discretion of the court.
The Denied Due Process
material indicates city officials understand the ordinance precludes
Planning Commission approval when a site plan specifies variance from
standards contained in the ordinance; yet, the Planning Commission
routinely approves site plans that specify variance from standards
contained in the ordinance.
Site Plan Permit Process
04.15.08 bojoda.za@gmail.com
06.29.08 Still Waiting(4 years+)
01.02.09 Additional administrative staff and city remains unable to provide reference
Request – Provide Mt. Pleasant City Code chapter and section reference authorizing Planning Commission approval of site plans that do not conform to standards and requirements contained in the zoning ordinances.
Responses –
From: William Johnson
Cc: tonyk@mt-pleasant.org
Sent: Friday, March 14, 2008 7:41 AM
Subject: Re: Planning Commission
Good
morning Robert, thank you again for sending such great articles. I
wish the city would use softer recycling paper so when I use it the
bathroom it's not so rough! Nonetheless at least it gives us a laugh
when going through the commission packets. I knew by sending you that
last e-mail it would open up your true writing ability and there is no
doubt it work. We pass around a Star Magazine or Inquirer around the
commission chamber with your comments taped on the inside and just
laugh up a storm.
Just
like I said in the last e-mail, you could be such an asset to the city
of Mt. Pleasant but due to your mental instability all you are is a
joke at every meeting. Please keep up the great work as I know you
will. Union Township could really use your expertise.
We sure sounded great on camera praising you didn't we!
Rich
(pounded on the wrong door didn't you? Freak :))
From: Tim Wolff
Cc: planning@mt-pleasant.org;manager@mt-pleasant.org
Sent: Friday, March 7, 2008 2:48 PM
Subject: Re: Planning Commission Site Plan Approval
As
was covered last night in the meeting via discussion with Commissioner
Johnson. Once a property has obtained a variance from a section of the
zoning code, whatever standard laid forth in the variance becomes the
new zoning standard for that particular parcel (not the adopted text of
the zoning code). Section of 154.162(C) of the codified ordinances of the City of Mount Pleasant states "The
Zoning Board shall not have the power to alter or change the zone
district classification of a property, nor make any changes in the
terms of this chapter.” In no manner has this section
been violated as the it refers to the map and text of the zoning code
and not the application of the map or text to a specific parcel. The
ZBA lacks the statutory authority to amend those sections by their
independent action. To amend the zoning map or text, procedures set
forth under the Michigan Zoning Enabling Act (Public Act 110 of 2006) must be followed.
Section
154.164 of the codified ordinances of the City of Mount Pleasant grants
the ZBA the authority to grant variances. Specifically, 154.164(D)
states "The Board of Appeals shall have the power to decide applications for variances from the provisions of this chapter..." This is a statutory requirment of the Michigan Zoning Enabling Act (MCL 125.3603).
To
interpret section 154.162(C) in a manner different than explained above
would result in these two sections of the zoning code being in conflict
with one another. Since these sections were adopted together in 1984
via Ordinance 613, I think it is safe to reason that the intent of
these two sections were not designed to be in conflict with one another.
Sincerely,
Tim Wolff
Planning Commission Vice-Chairman
(§154.169(D)
context: ZBA variance decisions do not affect the standards and
requirements contained in the zoning ordinances 154.162(C). Variance
decisions define the degree and manner in which a particular site may
deviate from the standards and requirements contained in the zoning
ordinances 154.164(D), they do not create or establish zoning
standards. - bojoda)
From: William Johnson
Cc: tonyk@mt-pleasant.org
Sent: Thursday, January 03, 2008 10:27 AM
Subject: Planning Commission
Robert,
may I make a suggestion that when you e-mail us regarding concerns over
our ordinance and how we interpret it that you write less like an
educator or attorney and more like common folks, basically dumbing down
your writing to us. We are obviously not as educated as you because
none of us can understand what the hell you are talking about. Yes, we
know you are not happy on the decisions we make and feel we are in
error and most likely we are but we are going to continue to do what we
do. Trying to read your e-mails is useless and I lose interest about
the 2nd paragraph every time and talking with the rest of the
commissioners we all feel the same way. Don't you ever question why
we don't talk about your comments at our meetings? We don't understand
or care about you anymore as you have no bearing on anything we do
now. Here are a few helpful suggestions:
1. Go away. Meaning move out to a city or town that has an ordinance you like.
2.
Change our ordinance. Try submitting a revision of our ordinance
for consideration. Keep in mind how stupid we are so we can understand
your cryptic writing.
3.
Continue to waste your time sending e-mails to all of us that we don't
even take the time to read anymore. Maybe a full time job might take
your mind off it or a hobby like writing a book to yourself.
Just
a few suggestions. If you'd like I'll ask the other commissioners on
ways you can spend your extra time that actually could benefit our city.
Thanks for your time and Happy New Year!
