Their ancestors were among the Algonquian-speaking tribes that largely occupied this area prior to European colonization. Regulating the placement, height and intensity of development, allows a municipality to be a more attractive and orderly community. 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. In addition, every member of your staff with whom I came in contact with was courteous, respectful, and helpful. Rick Cross (Supervisor) supervisor@leelanautownshipmi.gov phone: (231) 386-5138 ext. First of all, I just wanted to thank you so much for the time, and most of all, for the knowledge, concern and support you so generously gave me during our meeting on May 26, 2010. PLANNING/ZONING Last week Judge Kevin Elsenheimer ruled that the development agreementsat issue were null and void and not enforceable. The Leelanau Peninsula is known for its unusually steep terrain and large bodies of water, both of which produce a milder microclimate than the more temperate areas further inland. Premium Content is available to subscribers only. All rights reserved. [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. Legally permitted and/or legally non-conforming motels, hotels, or . Shes displeased and felt misinformation fueled the election results. Its not in my backyard. 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. Generally, there are two broad categories of variances. 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. The other group didnt like the idea of filling the quiet part of the township with an RV park, he said. Leelanau Township, 119 E. Nagonaba St., P.O. Article 1 Introductions . Timber Shores, along with residents who didnt agree with the new zoning, petitioned a ballot measure to overturn the ordinance that appeared Tuesdays ballot. ZONING MAPS Cross declined to publicly take a stance on the issue, acknowledging only what a big deal it is for the community. The Legal Description of the property, the written voluntary conditions, and the Application are available for viewing at the Leelanau Township Office during regular office hours, and on-line at https://www.leelanautownshipmi.gov. An experienced attorney can be the difference between obtaining the variance you need to legally build on your property or losing out on your application over technicalities because you were unfamiliar with New Jerseys complex zoning and land use laws. 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. He will be able to walk you through the process in a clear and understandable way. Written by New Jersey Zoning Law Attorney . Financial Policies & Procedures, 2021 Parks & Recreation 5 year plan (draft), 2022-01 Broadband and Cellular Communication Services, Procedure to Post Audit Certain Township Bills, Resolution Civil Infraction Enforcement Policy, Zoning Ordinance updated through August 2012, Setbacks for Agricultural Accessory Structures, Township Hall address: 119 E. Nagonaba (PO Box 338) Northport, MI. Zoning Administrator - Steve Patmore Leelanau Township Office hours: Tuesday and Wednesday from 10 am to 4 pm 231- 386-5138 ext. The Zoom computer and telephone remote access meeting information is as follows: Enterprise photo by Meakalia Previch-Liu, Several changes to the Leelanau Township zoning ordinance for campgrounds and RV parks in the commercial resort district were adopted Monday. Contact Contact Planning Commission Zoning Administrator Timothy A. Cypher Cypher Group Inc, P.O. Application for Short Term Rental (Packet), Application for Renewal of Short Term Rental Permit, Application for Variance or Appeal to ZBA, Application for Zoning Ordinance Text Amendment, Good Neighbor Policy for Short Term Rentals, Nov. 9, 2021 Letter from township attorney, From Leelanau Township Emergency Services, Prohibition of Recreational Marihuana Establishments Ordinance, CPA Report on Twp. See Leelanau County for a more complete discussion of the etymology of the name. M-22 is a famous highway that runs along the coast of the Leelanau Peninsula, as well as further south down Lake Michigan. Voters in Northports Leelanau Township uphold zoning ordinance, By Noelle Riley The meeting will include a Public Hearing and consideration of an Application for Rezoning (Zoning Ordinance Map Amendment) submitted by Green Bridge Holdings, Inc. to rezone property at 12500 E. Sugar Bush Rd., Northport, MI, (Property No. 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.. Rental of only a portion of a dwelling unit (Owner Occupied Rental). Hanlon Niemann & Wright does not guarantee its accuracy or completeness or suitability. [2] Additional railroads would snake up the peninsula with lines from Lake Ann and Traverse City to Provemont, Suttons Bay, and Northport. https://us02web.zoom.us/j/8819825018?pwd=LzQ5aDgraUJGbUhtbE1xdDVqWThtdz09 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. If you were to demonstrate that 1) the proposed development allows a more desirable visual environment and better utilization of the property and 2) that the benefits of blending with the existing pattern of development in the neighborhood creates a more attractive appearance that would outweigh any possible detriments associated with the reduced front yard setback, then the Zoning Board would be justified in granting a variance. It was approved by the planning commission this month and is. In some cases, it may not be possible to meet these requirements because of the shape or special physical characteristics of the property. 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. He can be reached at our toll free number, (855) 376-5291 or by email at fniemann@hnlawfirm.com. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. A C-1 variance involves a case where because of the size, shape, topography or other physical features that are unique to the property, the zoning requirements would place an exceptional burden or hardship upon the property owner. The property in Northport formerly Timber Shores Campground, a proposed RV park, shown from aerial photos in 2021. "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. 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. 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. 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 Appeals, and to define their respective duties and authority for the administration of This Ordinance, to define certain terms used herein, to provide for enforcement and to impose penalties for violation of This Ordinance. This Application includes written voluntary conditions submitted by the Applicant. Fredrick P. Niemann and the attorneys at Hanlon Niemann & Wright have appeared before countless planning boards and zoning boards throughout New Jersey to present applications for their clients. Meeting ID: 881 982 5018 Passcode: 49670 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. "michiganrailroads.com - Evolution Map - Lower - 1892", "michiganrailroads.com - Evolution Map - Lower - 1996", "Leelanau County website re Lake Leelanau history", "Lake Leelanau, Michigan 49653 - InfoMI.com", Jeremy Mumford, "Mixed-race identity in a nineteenth-century family: the Schoolcrafts of Sault Ste. Therefore, it is important that you know the law on zoning and what your Municipal Board is looking for to approve your application. Phone: (732) 863-9900 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. Some light rain will fall throughout the day. 3499 Route 9 North, Suite 1F 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. They recommend the waterfront setback in the commercial resort district is increased from 40 feet (from the high water mark) to 125 feet. 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. Timothy A. Cypher Phone 231-386-5138 x 4, Fax 231-386-7909, Email: . From Leelanau Township Emergency Services. The township board amended sections 2, 3, 7 and 15 all pertaining to the commercial resort district where a proposed 355-site RV resort us planned. Jane was the daughter of a prominent Scots-Irish Canadian fur trader and an Ojibwe chief's daughter based in Sault Ste. SPECIAL EVENTS It failed in a close vote. The levy would raise an estimated $152,082 in its first year. You and your partner have created a very special environment, and you should be commended. 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. Its fear. In 2006 Leelanau Township okayed a residential development. of Hanlon Niemann & Wright, PC won a significant land use victory before the Middlesex County Superior Court wherein the Court reversed the granting of a use variance and site plan approval to the owner and operator of a significant commercial business adjacent to Mr. Niemanns residential client. Patmore says, We are trying very hard to look at the commercial district in general and not the specific Timber Shores project. Of course, Timber Shores will need to follow any of the newly adopted zoning ordinance amendments. Hanlon Niemann & Wright takes no responsibility and makes no warranty whatsoever for the content or information contained herein. As the applicant, the burden of proof is on you to prove that sufficient legal criteria exists to support your application. Section 1.5 General Compliance . I certify that I have the authority to undertake the activities proposed in this . Apply for or Renew a Short Term Rental Permit. 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. Enter Passcode when prompted. Let us help you navigate through it all. The Leelanau Peninsula is a roughly triangular-shaped peninsula that extends about 30 miles (50km) off of Michigan's Lower Peninsula into Lake Michigan. 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. The park's creation was controversial because it involved the transfer of private property to public ownership. Information on this website has been prepared for general information. The peninsula is also a productive fruit region growing apples and tart cherries. To view or purchase photos, visit photos.record-eagle.com. On this Wikipedia the language links are at the top of the page across from the article title. Written by New Jersey Zoning Law Attorney Fredrick P. Niemann, Esq. The area used to house the original Timber Shores RV Park. Timber Shores sees Elsenheimers ruling as a clear victory. Im going to teach you about these laws/ordinances on this and the following pages together with a legal term called a variance(s). 152,082 in its first year Term Rental Permit several areas very likely to create unintended consequences 386-5138 ext its year!, there are two broad categories of variances it may not be possible to meet these requirements because the... 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