Pendry Boathouse Approved by Les Cheneaux Planning Commission
By Amy Polk

The Ken Pendry Jr. boathouse was approved by the Clark Township Planning Commission in December. (Drawing by Rob Robley)

The Clark Township Planning Commission approved a special land use allowing Ken Pendry, Jr. to build a non-conforming boathouse December 11, and debated new rules to be adopted about sign use in a workshop December 18. Garage sale signs, portable signs, and signs for special events are among items of concern.

Mr. Pendry's 34-foot by 32- foot, open-sided boathouse will encompass 1,088 square feet and have a 16-foot-high roof with dormers. The Pendry property has 100 feet of lake frontage, and under current zoning, lots with up to 201 feet of frontage are allowed boathouses as large as 600 square feet without a special land use permit.

Commissioners voted 7-1 in favor of granting the permit, with Commissioner Dave Dunning voting against it. He cited "procedural reasons" for his vote, because the structure exceeds height and size limitations for boathouses allowed on that lot size by special land use, in the current ordinance.

Commissioners and members of the audience argued that the zoning ordinance allows the planning commission the latitude to grant non-conforming boathouse permits because it is incumbent on the commission to consider individual properties and whether the boathouse will impact neighboring properties.

Chris Brumleve of Lakeside Construction, contractor for the project, and dock builder Bob Dunn of Cedarville Bay Waterworks questioned whether ZBA variances for other boathouses have been required in the past. Commissioners said they have not, but other boathouse cases they have heard were for oversized structures on larger lots than the Pendry's.

Mr. Dunning proposed changing the zoning ordinance to allow larger boathouses without forcing developers to seek a special land use permit. Most of the commissioners agreed, however, the ordinance restricts sizes on purpose to mandate consideration of different lots in unique areas. It also allows public comment from neighbors through the hearing process.

"What's OK to some people might not be OK to other people," Commissioner Jeff Davis said.

A large boathouse on a privately owned island might draw little opposition, and need little restriction, but an oversized boathouse on a heavily populated bay might be approved only with stipulations.

"I wasn't around [on the Planning Commission] when this ordinance was written, but I think the guidelines are set up for us to consider all the characteristics of the lot," Mr. Davis said.

"Neighbors play a vital role in this, and being that there are no neighbors here to complain about this boathouse made this a lot easier to approve, in my opinion," Commissioner Mike Miller said as an example. He did say he liked the idea of keeping sizes "somewhat limited," but thought maybe they could be more flexible than they are now.

Commissioner John Grenier made the motion to approve the special land use permit.

Commissioners took no action on the suggestion to change the boathouse ordinance.

Also at the meeting, commissioners took no action on Mr. Grenier's suggestion to amend the zoning ordinance to allow commercial development in Clark Township's shore strip zone, and Zoning Administrator Frank Sims told commissioners they should expect to hear three cases in January, including another request to convert a resort to site condominiums.

At the December 18 master plan and zoning ordinance workshop, commissioners debated the proposed stipulations of a new sign ordinance to replace the aged existing ordinance. Several new guidelines for signs are being proposed. Among them, commissioners are considering how long portable "pull-on" signs should be allowed to languish on local properties. The current ordinance prohibits use of these signs, but they are still used throughout the township.

According to the proposed ordinance, these signs, typically on wheels that can be pulled like a trailer, would be allowed, but would require a permit to be displayed. They would only be allowed on a temporary basis, to advertise special events. The person, business, or organization displaying the sign could do so for 45 days a year, no more than two weeks prior to the event, if the ordinance is approved as written.

The proposed ordinance also sets guidelines and time limits on temporary signs for garage and yard sales, allowing them to be posted no earlier than 48 hours before the sale, and mandating their removal 24 hours after the sale has ended. The signs could not be posted for more than three consecutive days, and a person could only post such a sign 12 times a year. The signs could not be placed in the road right-of-way, if adopted as written. This portion of the ordinance would address complaints previously brought to the planning commission about "permanent" garage sale signs.

Home occupation signs would be limited to eight square feet per side, and restricted to six feet tall.

Political signs would not be allowed to exceed 12 square feet in area on each side, and could not be displayed for more than 45 consecutive days.

No off-premises real estate signs would be allowed except for those directing traffic to an open house.

Special event signs would be allowed temporarily, and only with a permit. Businesses will not be allowed to display special event signs more than 21 days a year. Signs will be allowed for temporary sales on open lots for items like Christmas trees, fruits and vegetables, and art fairs, but a permit will be needed. The signs must be displayed no more than 30 days before the sale and removed no later than three days after the event.

Construction site signs that inform the public about what is being built there, or that advertise the contractor and subcontractors, will be limited to five square feet in size without a permit. Township permission would be needed for larger signs, and they would be limited to 32 square feet. Signs advertising a new subdivision or site condominiums could be displayed until 75% of the lots or units are sold.

Wall signs would be allowed, but could not protrude above a building's roof line or facade. Window signs advertising products in a commercial business would be allowed, but cannot be illuminated.

Signs advertising a residential development would be allowed, but could not be illuminated from within.

Prohibited signs would include those mimicking traffic signs with directions like "stop," "look," "drive-in," and "danger;" signs that obstruct the vision of drivers; animated signs; flashing signs; signs with moving or scrolling messages or images; off-premises signs for businesses; blinking or fluttering signs; signs attached to other signs, and signs placed or painted on trees or rocks.

Commissioners set a special master plan and zoning ordinance workshop for Thursday, January 24, at 6 p.m. with the Clark Township Board of Trustees and Zoning Board of Appeals.

It will replace the regularly scheduled third Tuesday workshop.