To the Editor:

Is Shepler's zoning process Mackinaw City's "spotted owl" equivalent?

Shepler's two parcels of land that are in today's zoning spotlight can produce consequences beyond the imagination and thought process of the Planning Commission and Council trustees.

What started this controversy is the belief, but not proven, that these two parcels became unzoned. Therefore, they must be zoned.

I would think first off that a major inquiry would be taken to find out why and when the council unzoned the property. Some are saying that it is a computer glitch. Computers are not legislators - Council members [are].

Without proper findings, the Planning Commission has become derelict in first not verifying properly when or why the earlier Council unzoned the two parcels, and by trying to determine what the two parcels should be zoned: B-3, B2, MC [marina commercial], or develop a new zoning designation.

On July 24, the Planning Commission voted 5-4 to recommend to Council that the two Shepler parcels, 33 and 37, be zoned MC. From my side of the desk, this action is derelict, arbitrary, and capricious.

Plus I have seen no evidence that the Planning Commission has considered the consequences of their arbitrary and capricious actions.

Should the two Shepler parcels become MC, Shepler's would have to file for a special use permit to operate their Shepler's Mackinac Island incorporated ferry business.

Arnold Transit and Star Line, competitors' properties, are both zoned B-2. What would happen if the zoning on their properties would become MC? Perhaps not a fair question, but for the Village Council to follow the recommendation of the Planning Commissioners, that would be grossly unfair and arbitrary and capricious.

If changes in zoning are absolutely necessary and the property's value becomes less, then just compensation is required. This is still America

Should the two Shepler parcels become MC, I feel that huge sums of money will be flowing, and nobody wins.

It will be huge sums to pay for litigation costs or restitution costs to resolve the unfairness of the zoning.

A gigantic price to pay for what some are calling fear of losing view shed - spotted owls?

Some of the reasoning, without mentioning Planning Commissioners names, for the recommendation to zone the property MC is that "Shepler's does not have a succession plan, and therefore will have to sell out and the buyer will build a hotel motel if it is not zoned MC."

Shepler does have a succession plan and it is absolutely wrong for a commissioner to assume the scenario that they do not have a plan.

Are the Planning Commissioners wondering or considering if Arnold Transit or Star Line have succession plans?

Another scenario that was mentioned to me was the quantity of car traffic that will come; if there is a motel or hotel, there will be more than that commission will want to stand for.

Heck, on a decent day for Shepler's, over their lot will travel 600 to 800 cars. Far more today than if a hotel or motel were there. Shallow thinking.

In summary:

It takes legislators to make zoning changes, not computer glitches. The if, why, and when of the claim that the properties became not zoned needs to be established.

The Shepler properties were zoned B-3.

B-2 is the only current zoning that allows passenger boat ferries without a special use permit.

The statement that follows is not a threat, but business survival and a major fairness issue: This is still America, and to be wronged, there are restitution rights.

To arbitrarily claim without proof that the properties are not zoned is a very sad commentary on the reasoning and shallow thought process that is transpiring. I have seen no evidence that the consequences of a MC zoning have been considered - a major business blunder, if what I suspect is true.

I cannot believe the wonderful Village of Mackinaw in all of its splendor is doing this.

Trustees, the zoning should be B-2 to be fair and avoid the huge costs of litigation and or restitution.

The shallowness of this thought process is a travesty to the citizens of this wonderful Mackinaw City.

Citizens of Mackinaw, get your trustees to vote in favor of B-2 for both of Shepler's parcels!

Dick Moehl, Pinckney and Mackinaw City