A special land use permit for parking in Hessel failed to pass the Clark Township Planning Commission Tuesday, November 11, which couldn't reach a consensus, voting 4-4 on the matter.

Hessel resident Brad Koster requested a special land use for residential lot 22 on Hill Crest Lane, which he owns, to be used for commercial parking by the Hessel Harbor Association (HHA).

A parking lot is not an allowable use for a residentially zoned lot, according to the Clark Township Zoning Ordinances, Article Eight, Section 804 (R-1 Single Family Residential District), item three (Special Land Uses).

The lot, however, has been used for commercial parking by the HHA since it formed in 2001, and Mr. Koster said the lot has been used for various forms of parking and storage for more than 35 years.

He said lot 22 was filled with boats, cars, trailers, and miscellaneous marine equipment when his father-in-law bought the lot and Mertaugh Boat Works in 1990. Soon after the purchase, the lot was cleaned up and used for organized parking, and Mr. Koster feels this more recent use of the lot is more visually appealing.

Violation complaints filed in 2007 by neighboring property owners forced Township Zoning Administrator Frank Sims to send Mr. Koster a cease and desist order for using the residential lot for commercial parking.

"I got a cease and desist letter to stop something that's been going on for 20 years," he said. "It's a preexisting condition that, basically, the commission just missed."

Mr. Koster is looking to find other ways to work with the township board and planning commission to continue to allow parking in lot 22. Per the zoning articles, Mr. Koster is not allowed to resubmit the same request for one year.

Harbor association members own boat docks and are deeded one car parking space for each dock. Mr. Koster, president of the HHA, said lot 22 accommodates 25 of the 45 spaces for HHA members to use.

"The idea that there's some kind of abusive traffic flow on that lot is just not true," Mr. Koster said. "Nine months out of the year, there's not a single car up there. The rest of the year it's about five to 15 cars."

Commission member Mike Miller voted against approving the request because, "I believe it doesn't allow for it in our ordinances. There's nothing in our special land use ordinance that allows us to permit it."

Commission member Joe Eger disagreed and voted to approve Mr. Koster's request.

"We have a terrific parking problem in the Hessel area already," he said. "Half of the commission obviously thinks we have to stick to the ordinance. I don't think we've heard the end of it."

Commission members Paul Smith, Jeff Davis, and John Grenier, as well as Mr. Eger, voted to approve Mr. Koster's request, while members Mike Patrick, Steve Honnila, Dana Leach, and Mr. Miller voted against it.

Commission member Mike Freel excused himself from the vote, citing a conflict of interest, because he is an employee of Mr. Koster.

The commission also reviewed proposed changes to zoning article six, general provisions, subheading 6.26, concerning boathouses. Under new standards, boathouses will not be allowed to be sided with vinyl siding, because it doesn't reflect the aesthetics of the area, and exterior lighting shall be louvered downward or be of low intensity.

Public hearing for the remaining zoning articles under revision will be held Tuesday, November 25, at the Clark Township office at 7 p.m.