In My Opinion Michigan State Law Concerning Zoning

Michigan Zoning Enabling Act Sec.203

(click above to go to site)

(1) The zoning ordinance shall be based upon a plan designed to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability, to limit the improper use of land, to conserve natural resources and energy, to meet the needs of the state's residents for food, fiber, and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land, to insure that uses of the land shall be situated in appropriate locations and relationships, to avoid the overcrowding of population, to provide adequate light and air, to lessen congestion on the public roads and streets, to reduce hazards to life and property, to facilitate adequate provision for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation, and other public requirements, and to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources, and properties. The zoning ordinance shall be made with reasonable consideration to the character of each district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building, and population development.

In My Opinion It's In Your Backyard Now

Guest editorial by Judy Graves:

George Lucier, chairman of the AuTrain Township Board, was conducting a meeting last Thursday evening at the AuTrain community building when he told me, and I quote “If the people are concerned about their businesses,
or the transient rentals being allowed in AuTrain Township then they should be here asking questions and participating in the discussion not you.” I think I got my walking papers, but maybe now people will believe I am not present at the meetings just for the 16 mile lake area, but for all of AuTrain.
There is never an announcement for a meeting in the local paper letting people know what is being discussed or how the zoning could be changed. Certain zoning commission members do not want public participation and not every resident is going to go to each meeting like a few others and I have been doing for over three years, because we never know what is going to be discussed from one meeting to the next or what will be decided. Chairman, George Lucier, will be the first to tell you that you will have 3 minutes at the end of the meeting to make any comments. The whole process smells of dictatorship- we are allowed to participate after they have made their decisions.
The Zoning Commission is charged with the obligation and responsibility of creating the LAWS that you and I have to live by.
Here is a major announcement for AuTrain residents. At Thursday’s meeting the Zoning Commission passed a motion to allow transient rentals as either a conditional use or a permitted use in each current zoning district.
Some members will respond saying, nothing is written in stone and there will be a public hearing before the new zoning goes to the township board for approval, BUT WAIT the Zoning Commission board members have already received a note from the township board stating they will back the decisions of the zoning commission 100%. Where does that leave you and me?
In my opinion the township board thought the 16 mile lake area residents would be satisfied and go away if what was made fair in their district was made fair in all the districts. You know, “what’s fair for one is fair for all.”
I tried to state that legitimate hotels, motels and resorts would suffer throughout the county and people’s jobs would be in jeopardy. I believe the majority of the people in residentially zoned areas would prefer not to live alongside a transient rental. It is human nature to feel more secure when you know who your immediate neighbor is. Alger County is very dependent on the tourist trade, but I firmly believe there are ample accommodations available without impacting family orientated areas for what appears to be greed and a lack of respect for ones neighbor.

In My Opinion The Truth AuTrain Township Board Doesn't Want You to Know

During the November AuTrain Township Board meeting, Rusty Atherton gave his supervisors report.In this report Mr. Atherton quoted the Michigan Township News"The township zoning administrator position is unique. The zoning administrator is the only township official who has the authority to render binding or determative interpretations or decisions regarding the municipality zoning ordinance.Unless a decision of the zoning administrator is overturned pursuant to a formal apeal to the Zoning Board of Appeals, the zoning administrator's decision stands. Contrary to popular misconception, apart from the ZBA, the decision of the zoning administrator(when acting within his or her scope as arbiter of the local zoning ordinance) can not be overturned by a township supervisor(or any other township official), the planning commission or even the township board".
In 2004 ,AuTrain Township Zonining Administrator William D. Rantz issued a "NOTICE OF VIOLATION"of the AuTrain Township Interim Zoning ordinance as adopted on April 30,2002 after having been the Alger County Zoning Ordinance adopted December 7, 1979.
This notice was made in reference to all transient rentals in the 16 Mile Lake Region. *The complete letter can be read by scrolling down a bit in this blog, or click HERE.
If what Supervisor Atherton quoted is true, then the people using their homes in the 16 Mile Lake region as transient rentals are breaking the law and the transient rentals should cease and desist as Mr. Rantz demanded in his letter.
Dennis Gramm contends that he is legally using his home as a transient rental because of three affidavits signed by people who were at one time zoning administrators for Alger county. These statements have absolutely no legal binding , as no determination was made by these individuals while they were Zoning Administrators. Its just three pieces of paper written by Gramm's lawyer and sign by some citizens.
Why hasn't Zoning Administrator Will rogers enforced the zoning in the 16 Mile Lake region?
It is clear that the zoning ordinance was interpreted by Zoning Administrator William Rantz, declaring all transient rentals illegal in the 16 Mile Lake region from 1979 hence forth.
Will rogers is serving Dennis Gramm, not AuTrain Township. Will rogers is doing AuTrain Township a disservice by ignoring his responsibilities as a zoning administrator. Your tax dollars are being given to someone who is not doing his job. Is that OK with you?

In My Opinion AuTrain Township Board Filling Their Pockets

The results from the last elections showed that the citizens of AuTrain were not ready to pay more taxes . The proposal for a NEW millage for general funds was soundly turned down. At the November Township Board meeting Treasurer Ann Clapp brought a survey of several townships, of which all but one were from the lower peninsula. The survey contained information about how much township officials were being payed. It was clear to me that this information was part of a movement by board members to initiate a raise in salary had the proposal for more taxes passed. Mary Rogers entertained the notion of giving the board members health insurance and retirement benefits . It is interesting how greed can manifest into over consumption.

In My Opinion Letter to the Editor published in Munising News

In my opinion: It’s human nature to form into groups, whether it’s a baseball team, church, or political party; what have you. This can be good from the standpoint of common interest, or healthy competition. It can also be bad, manifesting into things like ethnic prejudice, or incumbent protection. Examples of incumbent protection could be a prosecuting attorney not going after a criminal because a police officer is connected in the crime, or perhaps a judge making a ruling that hurts the citizens of a community while favoring a “good old boy” in his circle of influential friends. Loyalty to a group supercedes moral values in some cases.
The AuTrain Township Board has been practicing incumbent protection for years. Good people on the board have completely lost their moral bearings, surrendering good acts for the community to favor the personal wishes of fellow board members. Nepotism is rampant. Their selection of officials and council include violent people who exert more effort threatening and harassing AuTrain citizens, who protest this political incest, than providing healthy service to our township. Indecent hand gestures, verbal insults and the threat of using a baseball bat on a citizen exemplify these vendetta driven thugs. Personality disorder can only partially explain such behavior. What does Trustee(??) Gramm have over this local government to make its members abandon integrity just to pave the path for his illegal hotel? It can’t be just the $1500+ per month of taxpayer’s money going into Mary and William Roger’s bank account.

Three minutes allowed at AuTrain Township Board meetings arranged by Clerk Rogers at the very end of the meeting and relentlessly enforced by Supervisor Atherton, then stricken from meeting minutes, thwart citizen input. I thank the Munising News for this necessary venue of free speech.

In My Opinion Please ceace and desist your use of the property as a transient rental

The following is a letter sent to a property owner on 16 Mile Lake:


May 19,2004
J-- and A-- B---
--- L---- Lake Rd
Marquette , Michigan 4-----
249------
Re: Transient rental establishments vs. zoning ordinance
Hayward Road ---------------------


Mr. & Mrs. B---,

This letter serves as a "Notice of Violation" of the AuTrain Township Interum Zoning Ordinance as adopted on April 30, 2002 after having been the Alger County Zoning Ordinance adopted December 7, 1979.

The 16 Mile Lake region is divided into 2 zoning districts. These districts are "Timber Production" and "Resource production". The districts are similar in some aspects such as permitted uses being growing and harvesting of timber and allowing certain dwellings. No where in the ordinance under either "permitted uses" or conditional uses" is there mention of any hotels, which as stated on the definition page,includes tourist homes, resorts, and motels.
Please cease and desist your use of the property as a transient rental unit and respond in writing within 10 working days of receipt of this notice. If you refuse to do so the township will take actions, as provided in the ordinance, against you.
In your response please state your reason(s) for the present "use" of your 16 Mile Lake property. In doing so please submit a copy of your zoning compliance approval application package as it was returned to you. Also bring to mind the conversation we had, on site, during construction when I explained to you that this type of rental has never been a permitted use in your zoning district.Your reply was "I did not see it mentioned in the permitted uses so I thought it was allowed".
Your cooperation with this matter will be greatly appreciated by AuTrain Township.

William D. Rantz
AuTrain Township Zoning Administrator
attachments
cc: Kirt Harmon, AuTrain Township Attorney
AuTrainTownship Zoning Boards
AuTrain Township Board
file

In My Opinion Quote from AuTrain Township Zoning Admistrator Will Rogers

The following quote is taken from a letter written by Zoning Administrator Will Rogers to the AuTrain Township Board on March 9, 2005:

" Clearly the transient rental properties are in violation of the current zoning ordinance that took effect on October 1, 2004.At face value this cannot be argued with"- Will Rogers AuTrain Township Zoning Administrator

In My Opinion Notice of Violation for "Illegal Transient Rental"

The following letter was sent to a property owner on 16 Mile Lake by AuTrain Township Zoning Administrator William D. Rantz :

January 26, 2004

This letter serves as a "Notice of Violation" of the AuTrain Township Interim Zoning Ordinance as adopted on April 30, 2002 after having been the Alger County Zoning Ordinance adopted December 7, 1979.
The 16 Mile Lake region is divided into 2 zoning districts. These districts are "Timber Production" and "Recource Production". The districts are similar in aspects such as permitted uses being the growing and harvesting of timber and allowing certain dwellings. No where in the ordinance under either "permitted uses" or "conditional uses" is there mention of any hotels, which as stated on the definition page, includes tourist homes, resorts, and motels. You will find included with this notice copies of the appropriate sections of the ordinance.
Please respond, within 10 working days of the receipt of this notice.In response please state your reason(s) for the present "use" of your 16 Mile Lake property.
Your cooperation with this matter will be greatly appreciated by AuTrain Township.

William D. Rantz
AuTrain Township Zoning Administrator

In My Opinion School Yard Bully for AuTrain Zoning Commission Chairman???

On December 6 at 6:00 pm there will be a hearing concerning the behavior of George Lucier. George has threatened to use a baseball bat on a citizen, threatened to use a shotgun on a citizen, and his latest threat to choke a person was the last straw. How can we expect to make progress with our children's behavior when we have someone in public office displaying terror tactics at public meetings? This has to stop right now. Even after a complaint was filed with the AuTrain Township Board , Mr. Lucier continued with his threats. Since George Lucier refuses to change, the only solution is to get him off the Zoning Board Commission.