Moran Twp. Eyes Rezoning, Sparking Citizen Concerns
By Paul Gingras

The potential rezoning of platted neighborhoods at Shaeffer Point on Brevort Lake and Pointe Aux Chenes on Lake Michigan was referred to the planning commission following a sometimes-heated discussion between citizens and the Moran Township Board of Trustees Wednesday, August 2. The idea to liberalize development was introduced at the end of the last planning commission meeting Wednesday, July 12, as a topic for September discussion, but concerned citizens brought the matter to the township board first, insisting that rezoning the areas would allow undesirable development in their neighborhoods.

Zoning guidelines mandated under the Michigan Zoning Enabling Act of 2004 have prompted administrators to analyze their jurisdictions and led Moran Township zoning administrator Mark Spencer to add the item to the next set of planning commission discussions.

He did so, he said, because the Shaeffer Point and Pointe Aux Chenes subdivisions are designated "secondary coastal growth" areas, but few lots are large enough to fit the zoning requirements for this designation. Mr. Spencer suggested the planning commission discuss changing both neighborhoods to "primary coastal growth," which allows for smaller lots with more development.

Secondary coastal growth zones require a minimum lot size of 2.5 acres. Primary coastal growth zones allow lots as small as one acre. Since few lots in either subdivision are 2.5 acres or larger, they fall under the status of non-conforming lots.

This creates a hardship for residents, Mr. Spencer said, because in secondary coastal growth areas, property owners cannot build on more than five percent of their land. In primary coastal growth zones, however, residents can develop up to 20 percent of their land. This includes houses, garages, and driveways, he added.

The intent of the proposed September planning commission discussion was largely to determine if making a zoning change would be a desirable way for residents to expand their houses or add structures, said Trustee Lonnie Heuer. As matters stand, to build on more than five percent of their land, residents on non-conforming lots have to apply for a variance, but the township's attorney, Harry Golsky, strongly discouraged the board from granting variances. To restrict development by zoning, but then routinely allow it by variance, could compromise the legality of the zoning ordinance. Residents or developers could then turn to the courts, which could potentially rule against the interests of the public and the wishes of the township, Mr. Spencer said, by opening up the neighborhoods to high-density or commercial development.

Not all residents are interested in increased development. One concern expressed at the meeting is that a primary coastal growth zone allows more houses in smaller areas. This could lead to higher population densities, which would require more elaborate sewer and septic systems than the area can support. These systems could also increase pollution, one resident said. Further, the change could open the door to businesses such as golf courses, which residents at the meeting said they don't want.

Following the July planning commission meeting, Brevort Lake resident Jo Ford polled her neighbors and said 22 of 24 residents opposed a zoning change, owing to the potential for increased development.

"We are not gaining anything by going to primary zoning," she said.

"This opens us up to a lot of building."

Residents, she said, are outraged at the prospect of rezoning and want both areas left as they are.

Another resident predicted that a zoning change could allow the construction of a marina on Brevort Lake, but Mr. Spencer said this would not be allowed under either zoning designation. The two types of businesses allowed by primary coastal growth zoning, but not secondary, are boutiques and golf courses, he said.

Mrs. Ford pushed strongly for an immediate decision, but Supervisor Jim Durm insisted the township board should not override the authority of the planning commission, which has not yet studied the matter or recommended a course of action to the township board.

"I don't believe anyone on the planning commission or this board would recommend changing anything that wouldn't be generally accepted within the communities you have there," he added.

There may be other ways that residents can further develop their property. Changing the amount of development allowed in secondary coastal growth areas from five to 20 percent could be a better course of action than rezoning, Mr. Spencer said. It would enable residents to expand without seeking a variance, which the township would now likely deny.