Hessel Lot Rezoning Is Suggested
Move May Open Door to Shore Strip Development
By Amy Polk

Clark Township Planning Commission opened the first door to allowing commercial development on the east side of Mertaugh Boatworks in Hessel, where owners were denied permission to build a 6,000-square-foot boathouse on Lot 55 in October 2007.

Brad Koster of Hessel requested permission to rezone Lot 55, changing its use from shore strip to commercial, Tuesday, January 8. Commissioners elected 7-1 to recommend rezoning the lot to commercial, but, before the lot is rezoned, it needs Mackinac County Planning Commission and Clark Township Board of Trustees approval.

Asubsequent request from Hessel Bay Boat Works to amend the list of commercial uses and add "marina/boatyard and boathouse for marina or boatyard use" to the list was tabled. Commissioners rescheduled a hearing on the request until the February 12 meeting so they could get more information.

The lot is now zoned "shore strip," a designation that limits the land use to "no structures other than auxiliary to the use of the lake as a natural area." Permitted uses for the lot include signs and "all uses in connection with lake-oriented activities such as landing piers, small shelters, and boathouses" if they meet other stipulations of the ordinance for accessory structures and signs. Off-street parking is a permitted special use, but not commercial parking lots.

Mr. Koster of Hessel Bay Boat Works, the applicant for the zoning change and text amendment, told commissioners he is running out of options for using the lot. Appealing to commissioners Tuesday night, Mr. Koster said since he purchased the home and lot, he has been denied permission to install a dock there, and he was denied permission to build a boathouse.

"I've had this piece of property, now, for a number of years, and the current zoning [for Lot 55] is shore strip. My understanding of what is available there for use in the shore strip zoning district, basically are two things: one of which is docks, piers, and water access, and the second thing is a boathouse."

He described his previous attempts to develop the property, and how he believes he is too limited by the ordinance and its shore strip designation, which is designed to prevent development. He questioned why the lot was ever zoned shore strip, since the property borders other commercial properties and adjoins Mertaugh Boat Works, a commercial marina and boatyard since 1925. A home sits on Lot 55, which Mr. Koster said was filled in and built up many years ago, and there is seawall rather than beach on the lake side of the lot. He does not think the shore strip designation applies to the lot since, in his opinion, there is no natural character or beach to protect, and it does not service upland properties. The property was zoned shore strip after the house was built on the property, Mr. Koster said, creating a non-conforming property because homes and other structures are not allowed on shore strip.

"I've ended up with a piece of property that is a non-conforming use, that I basically have no use for, as it is contiguous to my business, and also doesn't serve the purpose of what I think shore strip was intended to do," Mr. Koster said. "I believe the commercial zoning use is the best use for that particular piece of property."

He thinks the properties to the east of his lot, narrow lots with beaches, lawn, campfire rings, and docks, are the correct application of the shore strip zone, since they do have natural areas and provide lake access to upland properties.

Commissioner Jeff Davis supports the idea of rezoning because it would correct the current non-conforming use of the land. Houses are allowed as a special land use in the commercial zone. Mr. Davis moved to recommend the zoning change, because it would correct the nonconformity, and the motion was seconded by Commissioner Mike Patrick.

Following the action, commissioners heard public comments on the proposed rezoning.

Mark Clymer of Hessel questioned the historic rationale for including Lot 55 in shore strip zone more than a decade ago, since it created a non-conforming use by doing so.

The issue of a non-conforming use on Lot 55 is being used as a "red herring," said former Planning Commissioner Dave Dunning of Cedarville.

"Really all [non-conforming] means is that that use and that building existed prior to the changes in the ordinance for that piece of property," Mr. Dunning said. "That use and the building are allowed to continue 'as is' after the zoning has changed." The term non-conforming "is being used in a negative way, but it's not negative. It's just that it was there before the zoning."

Dave Wallace of the Loreli cottage association next to Lot 55 and Mertaugh Boat Works said he believes the shore strip zone was assigned to Lot 55 intentionally, to prevent further development on that and all other lots designated "shore strip."

"It was taken into account when the zoning ordinance was passed. They knew the yellow house [on Lot 55] was there. They knew the Loreli Bait Shop was there. They knew the Hessel Boat Works was there. They knew Lakeview [Cottages] was there. This was a conscious decision to try to preserve what was left of the undeveloped lakeshore, keeping in mind that the people who were already there would get to continue to use it the way that they were," Mr. Wallace said. "The non-conforming use is in compliance, because it is what it is."

He knows of no provision in Clark Township's ordinance that mandates correction of non-conforming properties, he added, and that allowing the rezoning will let commissioners reconsider the boathouse commissioners denied permission for in October 2007.

"What we're doing now is facilitating that boathouse," he said.

He cautioned commissioners against giving up control of the property, not only to the boathouse, but to all the uses allowed in the commercial zone. There are 26 permitted uses assigned to the commercial zone, and another 24 special uses that are permitted if the planning commission grants a permit to the applicant.

Mr. Koster did not say what he plans to do with the property if it is rezoned, however, his second request is to add "marina/boatyard for marina or boatyard use" to the list of uses allowed by special land use permit in the commercial zone. Commissioners are unsure about making a text amendment while the township is in the process of updating its ordinances, and will consult with Gourdie-Fraser, the professional planning firm helping Clark Township update its master plan and zoning ordinance. The new master plan and zoning ordinance are expected later this year.

Greg Malcho, a Hessel cottager, reminded commissioners of an objective in the township's 1994 comprehensive plan to limit building heights along the waterfront, and to promote new development and redevelopment similar in scale and characteristic to the existing small scale, cottage-like development found throughout Clark Township.

"Last time we were here, everybody assured us this isn't a commercial building," he said. "Now we want a commercial zoning."

He expressed concerns about a parking lot and road recently built by Mertaugh Boat Works through his residential neighborhood on Hillcrest Lane, which overlooks Hessel Bay and Lot 55, and worries that commercial development will encroach on the residential and cottage resort areas in Hessel's lakefront village district.

The Clark Township comprehensive plan "has certain principles in it that are pretty clear," he said, reading a section from the comprehensive plan that states, "The single most important reason for the creation of a commercial district is to protect the residential way of life of this township from rampant commercial expansion."

Lawrence Smith, who said he is involved with the Loreli property owners and owns Clark Township property himself, read sections from a report submitted by Loreli, Incorporated, by Crescent Consultants, a Midland planning, zoning, and consulting firm. Loreli hired Crescent to analyze the rezoning request and make recommendations to Clark Township Planning Commission. The firm's consultant, Cindy Winland, recommended the township declare a moratorium on all rezoning decisions until its master plan and zoning ordinance are updated.

Supporters of the commercial rezoning, as well as the boathouse plan presented in the fall, said they would appreciate development that might bring more business to the area. Kate Otstot of Hessel said her family has lived Clark Township for six generations, and they support boat businesses and boathouses.

"I'm all for what Brad's doing, and I know everybody I've talked to is," Mrs. Otstot said, "I'm a hairdresser, so I talk to a lot of people."

Marilyn McLeod, another longtime Hessel resident, said the township has been struggling economically, and "There are no businesses coming into Hessel that are going to provide work for the families that want to stay here."

"So if there's a chance a project like this can bring jobs to the area, not only for building of a boathouse, but on an ongoing basis for maintenance of the boat, it's got to be a win-win situation," she said.

Mike McMaken, the Cedarville contractor for the 45-foot by 120- foot boathouse proposed for Lot 55, endorsed the idea of more development to help the economy, and said commercial development and a boathouse on Lot 55 would bring more tax revenue to Clark Township. He encouraged commissioners to protect the township's existing local marinas by allowing them to grow, expand, and rebuild as needed.

"What do we do to keep kids coming and staying in Cedarville and Hessel?" he said. "If these people care about this community, go to the graduations and listen to where all the kids are going. We need to have a reason for these kids to stay here in this town. We need to provide jobs. We need to have those opportunities here. We need to grow in the right direction in being commercial."

Mr. McMaken added that if people want views of the lake, Nature Conservancy has 25 parcels and Little Traverse Conservancy has 40 parcels in Clark Township where people can go and look at the lake.

Commissioners also heard two suggestions to consider moving the boathouse to a spot between the Hessel Municipal Marina and Chuck Neal's house west of Pickford Avenue and the Mertaugh Boat Works property.

Several of the commissioners explained their impressions of the property before voting, and most believe the lot should be commercial. Commissioner Dana Leach further explained the difficulty of trying satisfy both non-voting taxpayers and the voting public.

"The State of Michigan recognizes the voters," he said. "We have to look at, too, is it in the best interest of the community as a whole?"

The planning commission received more letters in support of the boathouse project than against it, Commissioners Davis and Steve Honnila said, and Mr. Davis pointed out the 80-year history of the Mertaugh Boat Works business, and how long there has been commercial use of the shoreline at that location.

"One of the mainstays in this community are marinas and boat works shops," Commissioner Patrick said. "We cannot hinder their development."

Commissioner Joe Eger showed a historic photograph of the many businesses, large boathouses, and large boats that once prevailed in the area.

"So we're not changing anything that hasn't been there before," he said. "This is the history of the area."

Mr. Davis reminded the audience that the planning commission was not hearing the boathouse case that evening, before making a motion to recommend the rezoning to Mackinac County Planning Commission and Clark Township Board of Trustees. Commissioner Marti Hart voted against the motion, while commissioners Davis, Eger, Grenier, Honnila, Leach, Miller, and Patrick voted in favor.