Vacant Building To Be Rented at Cedarville
Special Land Use OK for Old Hardware Store
By Amy Polk

Rick Reichlin will operate his existing house painting and refinishing business, Reichlin Painting, in the old Hudson Hardware building in Cedarville, following approval granted Tuesday, September 11, by the Clark Township Planning Commission of Mr. Reichlin's special land use request to rent part of the Hudson Hardware building next to the home he bought this summer.

The non-conforming land use was earlier denied because it does not meet any of the uses allowed in the zoning ordinance.

The building has been vacant since the 55-year-old Hudson Hardware store closed in January 2005. That year, commissioners gave a special land use permit to Tech Optics to operate a toner cartridge remanufacturing business there. That business later moved.

Hudson Retail Properties still owns the vacant buildings and storage business. Speaking on behalf of Mr. Reichlin, Hudson Retail Properties Manager Sharon Wojnaroski said the impact of business activities proposed by Mr. Reichlin would be less than that of the previous retail hardware operation.

"We feel it is of benefit to the community to have this building occupied, rather than to sit vacant and detract from the area," Mrs. Wojnaroski wrote in a letter to the planning commission.

Commissioners unanimously approved the special land use with the stipulations that there be no outside storage of paint or projects. Mr. Reichlin said he may occasionally pull something out of the building to make space, but he does not intend to permanently store things outdoors.

The land use was approved under the provisions of the Clark Township Zoning ordinance that allow as a special land use in the commercial zone "any retail use similar to those uses permitted in this section which is not specifically mentioned." Some of the similar uses include hardware, hobby shop, storage for hire, or accessory building.

Commissioner John Grenier suggested the township expand its list of permitted uses "so someone can come here and start a business without having to go through all this."

A current list gives the planning commission some stake in development proposals that come through the township, Commissioner Jeff Davis said, and allows commissioners to place stipulations like visual screening on some of the special land uses they allow.

Commissioners tabled a scheduled hearing on the Robert Vanderboegh case, in which Mr. Vanderboegh is seeking a condominium land use that would allow him to sell lots on his Cedarville development. He now has a special land use permit to lease lots to manufactured home owners who want to live in the proposed housing development. Mr. Vanderboegh learned this year, however, that it is difficult to obtain financing for a home unless the buyer also owns the land.

Mr. Vanderboegh wants to be at the hearing, so commissioners will reschedule for a time he can be there. Commissioners also want to consider the attorney opinion they received on Mr. Vanderboegh's proposed project and master deed.

The planning commission wants to know if land purchased by the Sault Ste. Marie Tribe of Chippewa Indians becomes reservation land, and whether development on such land would be subject to Clark Township zoning. After some discussion, commissioners said they will seek additional information.

They also want to determine how much Clark Township land is owned by conservancies like Nature Conservancy, Little Traverse Conservancy, and Michigan Nature Association. Commissioners plan to ask Assessor Sherry Burd, who keeps the tax rolls. Some commissioners complained that conservancies are taking "huge amounts" of property off the tax rolls, diminishing the amount of taxable land in Clark Township to generate revenue through development, sale, or ongoing property tax payments.

"I think it should be controlled," Commissioner Mike Miller said.

The ongoing debate over conservancies has drawn several comments and complaints at public meetings this summer, and commissioners want to add a record of conservancy lands, if not policy regulating conservancy purchases, to the master plan. Conservancy-owned land is generally tax exempt because it is owned by a nonprofit organization and considered a benefit to the public. Some local people believe the growing number of conservancy owned lands is a drain on the township, taking away tax revenue while still using the benefits of fire protection and road maintenance.

Conservancies argue the benefits of conserving lands include increasing value of adjacent property, offering public land that people can use, and saving acres of pristine woodlands and shorefront from development.

Agrowing concern over property owners seeking conservation easements has also prompted questions from the public about whether this activity can be controlled. Conservation easements require a landowner to permanently forfeit the right to develop all or some of the land. Because the land can no longer be developed, it loses some of its assessed value, so property taxes will be reduced.