Clark Township...
Planners Reject Request for Expanded Storage, New House
By Amy Polk

Clark Township Planning Commission turned down a special land use request by Hudson-Weston Properties, LLC to expand a storage facility, at a Tuesday, January 2, special meeting.

With only five of its nine members present, the commission voted 3-2 to deny the application for permission to build a 24-foot by 24- foot addition to an existing storage building on Weston Avenue in downtown Cedarville. Hudson- Weston, represented by one of its owners, Sharon Wojnaroski of Oscoda, was planning to demolish an aging house on the corner lot and replace it with a modular, chalet style home as part of the property improvements.

After discovering that the home made the storage building on the lot an accessory structure, and causes the existing structure to exceed the maximum allowable size for accessory structures, Mrs. Wojnaroski suggested she may return with a different plan for the property to improve its chances of being approved by the Planning Commission.

Clark Township's zoning ordinance gives commissioners the latitude to approve or deny special land uses, which accompany regular, permitted uses for a particular zone. Clark Township's commercial zone has 26 permitted uses, including retail uses, funeral establishments, grocery stores, laundromats, art schools, restaurants, banks, and various services. There is a list of 25 other uses that can be approved or denied by the Planning Commission, which takes public input and "enlightened judgment" into account, according to the ordinance.

Storage for hire in Clark Township's commercial zone is a special land use that is only allowed by planning commission hearing and approval. If approved, the use is allowed without having a principal structure or home on the property first. In this case, however, since the existing storage building is on a lot with a home that is being used as a single family dwelling, it falls under requirements for single family dwellings, which include guidelines for accessory buildings. Those guidelines stipulate that the accessory building meet setback requirements and be at least 10 feet from the side lot line. The building also cannot exceed 10 percent of the lot, or 1,200 square feet. Zoning Officer Frank Sims said the building would be three times the allowable size for the lot, according to the zoning ordinance. Commissioners also raised questions about other possible nonconformities, such as setbacks, and whether the building and house are on one or two lots. Maps were inconsistent, with one showing two lots under both buildings, however, Mrs. Wojnaroski assured commissioners the property is one lot, and filed under one tax identification number.

She also provided supporting documentation of prior approval of the first storage building. She said her father, the late Lyle Hudson, first received permission to build a storage-for-hire building in 1985, and subsequently in 1999, by the Zoning Board of Appeals. The building ultimately was constructed smaller than what was approved, she said, and added that the developers are merely asking to add on to what has already been approved once before.

Commissioners, however, noted past confusion over the project, and questioned why the Zoning Board of Appeals (ZBA) approved a special land use when those fall under Planning Commission jurisdiction. Special land uses in Clark Township are heard by the Planning Commission and approved or denied. If a project is denied, the developer can then seek approval by the Zoning Board of Appeals.

Zoning Officer Frank Sims' research did not unearth the reasons for a planning commission denial prior to the zoning board's hearing and subsequent approval, however, the minutes of the 1999 zoning board meeting describe confusion over setbacks and whether Mr. Hudson was seeking a variance or a building permit from the board. Planning Commissioners said in 1998 the storage building should have been 35 feet from the creek, but the zoning board issued a permit as an exception, based on the fact the building next door was only 10 feet from the creek.

The storage building was constructed and has been used as part of a self storage business, most of which is behind the former Hudson Hardware, off Mary L. Street. A neighbor to the north of the property in question on Weston and Meridian streets, Tom Smith, said he and his wife, Sue, are opposed to more storage sheds being built in the neighborhood.

"It's a little discouraging," he said, describing his residential neighborhood of five homes as surrounded by storage buildings of different shades of yellow and gray.

"I don't think it will enhance any downtown feeling there," he added.

Some of the commissioners agreed, voting with Dave Dunning, who moved to deny the request for the special land use permit because it is does not conform with the intent of the zoning ordinance or the Clark Township Comprehensive Plan. He further cited section 908 of the ordinance, that provides for denials based on a project's potential to "adversely affect the development plan for the physical development of Clark Township as embodied in the Clark Township Zoning Ordinance or Master Plan or portion thereof adopted by Clark Township Board," and to be "detrimental to the use and/or development of adjacent properties/or development of adjacent properties and/or general neighborhood."

Mr. Dunning also cited the 1999 case, and the fact the Planning Commission at that time thought the ZBA exceeded its authority by allowing the special land use, since Clark Township's zoning ordinance does not allow the ZBA to approve special land use permits. He said a section in the zoning ordinance describes limitations of the ZBA's authority, including the fact that ZBA decisions are valid for only six months. He suspects the case was originally brought to the Zoning Board of Appeals because it was denied by a prior Planning Commission on the basis of non-conformity.

Mrs. Wojnaroski questioned the motion, and also wanted to know specifically how the proposal did not conform with the ordinance or comprehensive plan. She said she is trying to improve the appearance of the property by tearing down the old home on the corner lot that faces downtown, and replacing it with a brand new house. Hudson- Weston also has plans to remove an old fence between the house and storage building, as well as building the 24-foot by 24-foot addition to the existing storage structure.

"I can't tear down the house until somebody can tell me what I can do with the property," she said.

She questioned whether she can build the addition if there is no house there, thus removing the requirement to treat it as a single family residential property. The storage building would then become the primary structure there.

Commissioners advised her that if she changes the proposed plans for the property, they would still be subject to another hearing. Commissioner Marti Hart told her she can continue to use the property for a residence and storage-forhire, as allowed by existing permits for the property.