3499 Route 9 North, Suite 1F The peninsula is also a productive fruit region growing apples and tart cherries. 231-271-2722 Contact Steve Patmore, Zoning Administrator for a Land Use Permit Application or for any other zoning needs. Sign up now to get our FREE breaking news coverage delivered right to your inbox. Fredrick P. Niemann, Esq. Leelanau Township, 119 E. Nagonaba St., P.O. All development must conform to the specific requirements of the zoning district in which the property is located. One of them was it would be great because Northport would again have a place where some customers would come into town and help the businesses.. Glen Lake is another large lake located within the southwest of the peninsula. M-72 and M-204 are other highways that cross the Leelanau Peninsula westeast; M-72 runs across the base of the peninsula from Empire to Traverse City, while M-204 crosses roughly halfway up the peninsula, from Leland to Suttons Bay via Lake Leelanau. Section 1.4 Severability . I walked out of your office feeling much more confident and very relieved. 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.. Generally, there are two broad categories of variances. 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. 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. 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. Snow accumulations less than one inch. They would apply to any campground, he says. For example, a single-family residential district, professional office district, multi-family, retail, etc. Leelanau Township started implementing the Ordinance on January 1, 2021. 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). The NLTUA (Northport /Leelanau Township Utilities Authority) operates the municipal sewer system within the Village and the Township. Premium Content is available to subscribers only. Email: tophercann@gmail.com.com Cell: 231-645-2418. In the early 21st century, the Leelanau Peninsula AVA is known as one of the best Michigan wine regions and is a designated American Viticultural Area (AVA). 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. https://us02web.zoom.us/j/8819825018?pwd=LzQ5aDgraUJGbUhtbE1xdDVqWThtdz09 A few flurries or snow showers possible. Its fear. The plan is the blueprint upon which future changes will be based. Although the ordinance was made specifically for the commercial resort zones, Timber Shores developers and supporters felt it was a jab aimed at the RV park, said Northport resident Lorrie Kalchik McCurdy. Click to view the page with a listing of all Glen Arbor Township ordinances. Box 338 Northport, MI 49670. The Township will provide necessary reasonable auxiliary aids and services to individuals with disabilities at the meeting upon 72 hour advance notice by contacting Jessica Alpers, Township Clerk, (231) 386-5138 ext. 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. Cloudy. Im good at what I do but legal matters and dealing with lawyers and legal issues is stressful. VISITOR INFO, RENT THE TOWN HALL That might require eliminating the tent camping space, or limiting the number of cabins, he says. I love it just the way it is. 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. 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. Steve Patmore (Zoning Administrator) - zoning@leelanautownshipmi.gov phone: (231) 386-5138 ext. please contact Fredrick P. Niemann, Esq., an experienced, knowledgeable zoning land use \attorney. He can be reached at our toll free number, Introduction to the C Variance and NJ Zoning Law, Introduction to the D Variance and NJ Zoning Law, Obtaining a Variance for a Non-Conforming Use or Structure, Application Process Before a Municipal Zoning Board of Adjustments or Planning Board, Objecting to a Variance Application in NJ, Appealing a Variance Denial or Approval in NJ, Glossary and Definitions of Terms Used in NJ Zoning Law, How to Apply to the Zoning Board of Adjustment for Variance Relief, How to Oppose a Variance Application Before a Zoning Board of Adjustment or Planning Board, Appealing the Granting or Denial of a Variance in New Jersey, How To Apply for a Zoning Permit in Your Municipality, Obtaining a Variance for a Non-Conforming Use or Structure Under N.J. Zoning Law Part 1, Introduction to D Variances Under N.J. Zoning Law. 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. Box 226, Lake Leelanau, MI 49653 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. These local laws are often referred to as municipal zoning ordinances. Copyright All rights reserved. That's when Timber Shores was the place to create cherished vacations. 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). The Zoning Board may grant a d or use variance to permit a use or type of building that is not otherwise allowed. 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. FORMS/APPLICATIONS, Cypher Group Inc, P.O. Cross declined to publicly take a stance on the issue, acknowledging only what a big deal it is for the community. PLANNING/ZONING He will be able to walk you through the process in a clear and understandable way. PHONE: (231) 360-2557 FAX: (231) 334-6370 Jane was the daughter of a prominent Scots-Irish Canadian fur trader and an Ojibwe chief's daughter based in Sault Ste. TOWNSHIP ZONING ORDINANCE Effective February 28, 2002 Updated August 7, 2011 . Therefore, it is important that you know the law on zoning and what your Municipal Board is looking for to approve your application. Copies of the Oronoco Township Zoning Ordinances may be obtained from the . Note: The Leelanau Township Short-Term Rental Ordinance, as-adopted, bases . 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. 4 zoning@leelanautownshipmi.gov Click here for documents related to zoning in Leelanau Township Box 338 Box 338, Northport, MI 49670 . 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.. Information on this website has been prepared for general information. Im going to teach you about these laws/ordinances on this and the following pages together with a legal term called a variance(s). 5 Leelanau Township Office - Tuesday from 10 am - 4 pm 1, or clerk@leelanautownshipmi.gov. 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. Zoning Administrator - Steve Patmore Leelanau Township Office hours: Tuesday and Wednesday from 10 am to 4 pm 231- 386-5138 ext. 3. Box 338 Northport, MI 49670. 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. 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. 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. Special to the Record-Eagle, Petoskey's boys finish as D2 state champions; t, Prep roundup: Lakers finish as unanimous No. ZONING MAPS As the applicant, the burden of proof is on you to prove that sufficient legal criteria exists to support your application. By using information gathered by traditional research methods coupled with significant input from residents, the Plan sets forth a vision for development in a manner that preserves all that is highly valued by those who live and visit Glen Arbor Township. It failed in a close vote. Leelanau County encompasses the entire peninsula. Ordinances: Burning Ordinance. Written by New Jersey Zoning Law Attorney . Rochester, MN 55904 (507) 328-7100 . In all cases before the Zoning Board of Adjustment, it is the applicants burden to prove his or her case. Apply for or Renew a Short Term Rental Permit. Zoning Ordinance - updated through August 2012. The other group didnt like the idea of filling the quiet part of the township with an RV park, he said. 1 of 2022 amending the Leelanau Township Zoning Ordinance by amending Article 2- Definitions,. Cypher Group Inc, P.O. The area used to house the original Timber Shores RV Park. The North and South Manitou Islands are located to the northwest of the peninsula in Lake Michigan. It is drained by the Leland River into Lake Michigan, and covers 8,700 acres (40km2). It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. 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. 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