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Mt. Pleasant, MI - Free-Range City Administration
malfeasance, misfeasance, nonfeasance - misconduct in office
City officials have rendered an administrative circumstance best described as perpetually confused
with statutory provisions applicable solely at their discretion.

05.27.15

Contradicting plain statement in local statute, Zoning Board of Appeals denies neighborhood residents' right of appeal; Planning Commission special use permit decision SUP-15-06; ZBA-07-2015. City Code 154.171(C)(6) Within 30 days following the decision on a special use application, an applicant or any aggrieved party, including any governmental body or agency, may appeal the decision of the Planning Commission to the Zoning Board of Appeals.

04.09.15 - Planning Commission approves special use permit SUP-15-06; development site plan non-conforming: parking, driveway entrance, driveway, rear yard, side yard, greenbelt, building outside lot boundary.

04.27.15

City's current Planning and Community Development web page has removed direct link to redevelopment procedures and standards. Text of 05.23.12 and 09.24.12 versions available at M-2 Procedures and Standards. Illegal substitution for procedures, standards and requirements established in the zoning ordinance has effected property development in the R-3, OS-1, I and M-2 zoning districts. City staff asserts the City Attorney reviewed and endorsed the substitution.

04.09.15

Planning Commission continues intentional violation of mandatory state and local statute provisions; nonconforming development proposals approved: SUP-15-03 - 1024 & 1026 S. Main, SUP-15-15-04 - 1023 S. Main, SUP-15-05 - 316 W. May. City Planner Jacob Kain described proposals as meeting most of the requirements in the ordinance (exceptions include density, parking and lot coverage).

03.25.15

Case ZBA-02-2015 - 206 W. Maple is dispensed in the manner prescribed by state and local law; Cases ZBA-04-2015 - 316 W. May and ZBA-03-2015 - 1024 & 1026 S. Main are administered and ruled in a manner fabricated by city officials and rejected by the City Commission. ZBA grants all variance requests. Each of the three applications involve new construction, conforming use, and multiple non-use (dimensional) variances. In each case the need for variance is created by the property owner and could be eliminated by acquisition of additional land area.

03.05.15

Planning Commission continues the 'As Is' process. Two of three scheduled site plan reviews approved, one based on standards and requirements fabricated by the ZBA (SPR-15-01), one based on standards and requirements contained in the zoning ordinance (SPR-15-02). Action on the third site plan (SPR-15-03) postponed; 02.25.15 ZBA review determined plan failed to satisfy standards and requirements contained in the ordinance, ZBA failed to fabricate other standards and requirements for that site.

02.25.15

ZBA acts without authority, continues 'As Is' (aka M-2) procedure conducting two non-appeal variance request hearings. Variance requests based on site plan reviews by city staff? ZBA Cases: 03-2015, 05-2015; ordinance mandatory density 16, requested density 24 occupants with reduction of required open spaces and parking spaces.

02.22.15

Despite inability to provide authority reference (04.05.12 and earlier), consultant advice authority does not exist (03.06.14), and rejecting an after-the-fact proposal to create authority (01.12.15); City officials continue scheduling 'As Is' procedure, illegally authorizing illegal development: ZBA 02.25.15, Planning Commission 03.05.15.

01.12.15

City Commission refers the "As Is" ordinance amendment back to the planning commission. Does their action herald an end to an administration of deceit and delusion? The amendment proposed new ordinance language creating authority, after-the-fact, for what is currently city officials illegally authorizing illegal development.

11.24.14

City Commission adopts Master Plan despite recognition the plan does not embody current policy or intended direction. City manager Nancy Ridley’s disingenuous commentary leaves community services director Bill Mrdeza speechless.

11.06.14

Planning Commission rescinds proposed amendment of currently adopted City Master Plan goals and strategies for neighborhoods. While commissioners and consultant Alan Bean/Spicer Group recognize the policy facilitating overbuilt/excess density student rentals is not authorized by either the master plan or the zoning ordinance, there is no indication of intent to discontinue illegal actions. (Previous advice actions not authorized)

10.02.14

Planning Commission continues violation of state and local law (MZEA §125.3501, City Code §154.169), approval of site plan based on standards and requirements other than those contained in the zoning ordinance - SPR-14-11 - 911 S Main. Commission sets December public hearing for recommended ordinance amendment expanding ZBA authority beyond scope authorized by state and local law (MZEA §125.3603, §125.3604, City Code §154.162).

09.08.14

Planning Commission has delivered recommendation for zoning ordinance amendments to the city commission without public hearing of recommendation specifics; violation of Michigan Zoning Enabling Act Sec. 308. City commission discusses proposed ordinance amendments while the Morning Sun reports planning commissioners opt to keep procedures the same.

08.27.14

Zoning Board of Appeals continues to usurp Planning Commission site plan review authority conducting two non-appeal hearings: ZBA-05-2014 - 1300 N. Harris initial site plan submission; ZBA-06-2014 - 403/431 E. Bellows site plan modifications. 1300 N. Harris is destined for a pointless Planning Commission hearing next month. 403/431 E. Bellows enjoys excess density (22 occupants/19 occupant land area) without variance?

07.10.14

Disregarding mandatory duty to base site plan approval or rejection on standards and requirements contained in the ordinance; Planning Commission, with Alan Bean/Spicer Group, approves site plan that does not conform to standards and requirements contained in the ordinance. Originally scheduled 06.05.14 and postponed SPR-14-09 - 1707 W. Pickard

06.25.14

Unable to reference authority for their actions and informed they do not have authority, the Zoning Board of Appeals continues ordinance waivers, violating state law. ZBA-02-2014 - 911 S. Main, ZBA-01-2014 - 1707 W Pickard

06.09.14

Mt. Pleasant city officials intend violation of both the Freedom of Information Act and the Open Meetings Act in their process of selecting a city manager CMLife, Morning Sun.

06.06.14

City officials claim internal documents containing the city manager finalists names could not be shared because “no such records exist.”

05.27.14

City officials demonstrate misconduct is pervasive with denial of FOIA request. Officials claim disclosure is exempt despite inability to provide statute reference supporting their claim.

05.12.14

City Commission approves Brownfield reimbursements for illegal development at 916 E. Broomfield - 04.10.14 Planning Commission illegally authorizing special use permit and site plan. 02.26.14 ZBA illegally authorizing nonconforming plan specifications. City Fire Code noncompliance. Commissioner Lents again votes at both the Planning Commission and ZBA meetings.

04.10.14

Planning Commission, with Alan Bean from Spicer Group, violates mandatory state and local statute provisions: 916 E. Broomfield (Rooming Dwelling, Nonconforming Specifications, OS-1 District) Violation City Code §154.171(A)(1) grant of special use permit SUP-14-09; Violation City Code §154.169(D) approval of site plan SPR-14-11. Willful Blindness, they should have known.

03.24.14

City Commissioners and City Attorney perpetuate deceit with agenda item 20 - Receive M-2 recommendation from the Mt. Pleasant Planning Commission. More than two weeks following consultant ($7K) clarifying the ordinance does not authorize city’s ‘As Is’ a.k.a. ‘Administrative Waiver’ process, their agenda implies the process is authorized. Needless to say discussion included need for another consultant.

03.06.14

Planning Commission names the process city officials implemented in violation of state and local statutes the ‘Administrative Waiver’. Discussion reveals city's legal counsel has known the 'administrative waiver' process is a breach of statutory duty. Consultant Doug Piggott affirms ordinance does not authorize city officials' actions.

02.26.14

Zoning Board of Appeals acts without authority making non-appeal administrative decisions. Malfeasance - non-appeal hearings ZBA-20-2013 - 916 E. Broomfield, ZBA-15-2013 - 215 Pine.

02.06.14

Planning Commission, with Alan Bean/Spicer Group, continues to make no sense. Nonfeasance - hearings SUP 14-01, SPR-14-02 1015 Andre.

12.05.13

Planning Commission, with Alan Bean/Spicer Group, continues breach of duty, oath and ethics - SUP/SPR 1016 & 1014 S. Main Street. Felony misconduct consented, city can discontinue purchasing endorsers: Bean/Spicer Group planning $60K; Dickinson Wright PLLC city attorney $?K; Martineau, Hackett, Romashko & O’Neil PLLC prosecuting attorney $80K/yr.

11.27.13

1016 S. Main enjoys second ZBA hearing/application of city officials' method for circumventing the ordinance. ZBA-12-2013 1016 S. Main, ZBA-19-2013 1014 S. Main

10.23.13

Zoning Board of Appeals continues intentional breach of positive statutory duty, oath of office and ethics policy, felony misconduct - ZBA-12-2013 - 1016 S. Main.

10.21.13

City consultant Doug Piggott, AICP, PCP, Rowe Professional Services Company, informs the Zoning Board of Appeals and the Planning Commission — ZBA is not granting a variance.

10.03.13

Planning Commission continues intentional breach of positive statutory duty, oath of office and ethics policy, felony misconduct. Alan Bean, AICP, Spicer Group providing professional planning assistance and acting as Planning Commission secretary - SUP-13-11 - 808 & 810 Pleasant, SUP-13-14 - 403 & 431 E. Bellows (excess density without ZBA action).

09.25.13

Zoning Board of Appeals continues intentional breach of positive statutory duty, oath of office and ethics policy, felony misconduct - ZBA-11-2013 - 808 & 810 Pleasant, ZBA-17-2013 - 403 & 431 E. Bellows. Kench informed the board that staff and consultants are working to align the ordinance with illegal conduct.

09.05.13

Planning Commission continues intentional breach of positive statutory duty with another instance of disregarding ordinance §154.123 which expressly limits site plan approval authority to the Zoning Board of Appeals, felony misconduct - SPR-13-16 - 2150 JBS Trail. Note misconduct occurs with city attorney Scott Smith, Clark Hill P.L.C. in attendance and Alan Bean, Spicer Group providing professional planning assistance and acting as Planning Commission secretary.

07.11.13

Planning Commission continues intentional violation of mandatory state and local statute requirements, felony misconduct - SPR-13-10 - 1033 S. Arnold.

02.07.13

Planning Commission continues intentional violation of mandatory state and local statute requirements, felony misconduct - SUP-13-02/13-05 - 1020+1006 S. Washington, SUP-13-04 - 1008 S. Washington, SUP-13-04 - 1010 S. Washington.

01.23.13

Zoning Board of Appeals action based on concocted provisions, intentional violation of state and local statue requirements - ZBA-19-2012 - 1020+1006 S. Washington, ZBA-20-2012 - 1008 S. Washington, ZBA-21-2012 - 1010 S. Washington.

12.06.12

Planning Commission continues felony misconduct, violation of mandatory state (MCL 125.3501, 125.3502, 125.3504, 125.3604) and local (§154.007, 154.095, 154.169, 154.171) statute requirements - SUP-12-04 SPR-12-03 1003 Douglas. YouTube

11.28.12

Zoning Board of Appeals action based on concocted provisions, intentional violation of state and local statue requirements - ZBA Case 02-2012 1003 Douglas. YouTube

10.04.12

Planning Commission intentional violation of mandatory state (MCL 125.3501, 125.3502, 125.3504, 125.3604) and local (§154.007, 154.095, 154.169, 154.171) statute requirements - SUP-12-11 SPR-12-17 1018 S. Franklin, SUP-12-12 SPR-12-18 1028 S. Washington.

09.26.12

Zoning Board of Appeals intentional violation of mandatory state and local statute requirements for authorization of non-use variance - Case 15-2012 1018 S. Franklin, Case 16-2012 1028 S. Washington.

08.02.12

City continues disregarding mandatory ministerial duties, City Code §154.067(C)(8)(b), substituting micro-management via unwarranted conditions. Proposed operation does not conform to ordinance 'Night Club' definition - SUP-12-07 L1-Bar & Grille.

07.30.12

Unethical Counsel ◄► Officials believing anything they want you to hear.

07.12.12

City confirms, and continues, Felony Misconduct; intentional violation of state and local statutes.

05.23.12

Zoning Board of Appeals continues improper hearings and variance applications; ZBA Case 02-2012, ZBA Case 03-2012.

05.03.12

Planning Commission continues postponing its site plan and special use permit decisions; the site plan has been available since February.

04.24.12

Reasonable belief of statutory authority remains elusive, 04.05.12 communication fails to make city commission April agendas; 4/09/12, 4/23/12. Regardless, the zoning board of appeals continues scheduling implementation of the 'Other Plan'.

04.14.12

Reasonable Belief Proves Elusive - City officials are not readily aware of authority for 'method' used to implement the Other Plan.

03.29.12

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-12-02 - 221 Clayton, (postponed SPR-12-03 - 1003 Douglas).

03.28.12

Zoning Board of Appeals continues violation of state and local statutes MCL 125.3604(7), City Code § 154.169(A) and § 154.163(A). Non-appeal hearing, site plan review and non-use variance authorization; Case ZBA-01-2012 – 221 Clayton, (postponed Case ZBA-02-2012 - 1003 Douglas).

03.12.12

The Ordinance, the Master Plan, and the Other Plan - Planning Commission Vice Chair indicates planners, city staffers and the Zoning Board of Appeals have worked out a method to subvert statute provisions.

03.29.12 (foregone conclusion 02.22.12)

Planning Commission approves special use permits for site plans that do not conform to standards and requirements contained in the zoning ordinance. SUP-12-03 - 221 Clayton, SUP-12-04 - 1003 Douglas

03.28.12 (foregone conclusion 02.22.12)

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 hearings, reviews site plans and authorizes variances, effectively permitting nonconforming new construction; Case ZBA-01-2012 – 221 Clayton, Case ZBA-02-2012 - 1003 Douglas.

01.25.12 (City administrators' choice)

Zoning Board of Appeals illegal site plan parking variance authorization, violation City Code §154.123, §154.169; Case ZBA-07-2011.

§154.123 PARKING VARIANCES ... the Zoning Board of Appeals may approve a site plan with fewer spaces provided: (B)(1) An open landscaped area meeting the required area for parking is reserved if an increase in parking needs occurs in the future.

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
 
 
Mt. Pleasant, MI

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.

Administrative concepts advanced by city officials include: Correspondence @ Denied Due Process
Authority to act requires no more than an unfounded claim of belief authority exists (pg 13-15 City Attorney )
Decisions made without authority irrevocably authorized after 30 days (pg 16-17 City Manager )
Dimension based requirements for building 130' in length applicable to building 364' in length (pg 19-20 Building Official )
Once city officials determine to ignore regulations, duty owed is extinguished (pg 6 City Commissioner )