The Hessel Harbor Association is one step closer to solving its parking problem concerning lots 22 and 23 on Hillcrest Lane in Hessel. The Clark Township Planning Commission voted unanimously Tuesday, March 10, to recommend the lots be rezoned from residential to commercial. Approval rests with the Clark Township board of trustees.

Association president Brad Koster petitioned the planning commission for the change to provide a long-term parking solution for the association. If the township board approves the zoning change, Mr. Koster will have to apply to the planning commission for a special land use permit.

"I think that it's a good first step and we've obviously got a lot more work to do," Mr. Koster said. "It's a pretty lengthy process and rezoning is serious. A lot of these steps are put in place so that it's not taken lightly, and we certainly take this very seriously."

The recommendation from the township planning commission will also go before the Mackinac County Planning Commission for advisory review and recommendation to the township board. The township board, however, has final say in the matter.

The township planning commission's recommendation isn't without contention.

"This qualifies under spot zoning and spot zoning is illegal in Michigan," said Phil Chapman, who owns property adjoining lot 23. "You can go ahead and change this if you want to, but you can expect to see this in court."

Spot zoning is a small zone of inconsistent use within a larger zone, for example, a lot in a residential area that is zoned commercial. Spot zoning is prohibited to enhance continuity within a region and to discourage property owners or developers from pressuring government officials for preferential treatment.

Commissioner Gary Wellnitz, zoning inspector Frank Sims, and Township Supervisor Gerald Hill, prior to the meeting, contacted Clark Township's attorney, James Murray, who said rezoning would not be spot zoning because properties across the street are zoned commercial.

"He basically said that he doubted that any court would even look at the case," Mr. Wellnitz said.

The township board will review rezoning the lots at an upcoming meeting.

Under the Michigan Zoning Enabling Act, the township board has the option to hold a public hearing on the rezoning. It is required to hold a public hearing if requested by a property owner through certified mail addressed to the township clerk, Mike Miller.

Boat shelter extension

approved

The planning commission approved a request by Bob Smith, who was represented at the meeting by Cedarville contractor Mike McMaken, to extend his boat shelter roof. The addition will extend the shelter roof nine feet, increasing its square footage to 1,310.

The planning commission approved a request for Mr. Smith to build a boat shelter up to 1,500- square-feet in 2004 and agreed to approve the extension because it will not exceed the original square footage limit.

Mr. McMaken said Mr. Smith wants to extend the roof because "too much sun is on his boat, and it should've been built bigger the first time."