Written by New Jersey Zoning Law Attorney Fredrick P. Niemann, Esq. Leelanau County encompasses the entire peninsula.It is often referred to as the "little finger" of the mitten-shaped lower peninsula. https://us02web.zoom.us/j/8819825018?pwd=LzQ5aDgraUJGbUhtbE1xdDVqWThtdz09 A C-1 variance involves a case where because of the size, shape, topography or other physical features that are unique to the property, the zoning requirements would place an exceptional burden or hardship upon the property owner. 49670, Office HoursMonday-Thursday : 9:30 - 4:00The office is closed on Friday, The Zoning Administrator is in the office on Tuesday and Wednesday from 11:30 - 2:00, The Assessor is in the office on Tuesday from 10:00 - 4:00. Application for rezoning, Variance & etc. Leelanau Ticker shares the latest: First up, the outcome of the lawsuit in whichthe township asked the 13th Circuit Court to decide if the previously recorded 1998 and 2006 sewer agreements associated with the current Timber Shores property are still binding today. Although the house can meet all of the required zoning requirements, you would like to place the house closer to the front property line than is normally allowed and in order to be consistent with the setback of other houses in the neighborhood. Ordinances: Burning Ordinance. please contact Fredrick P. Niemann, Esq., an experienced, knowledgeable zoning land use \attorney. There are new developments on many fronts over the proposed 300-plussite Timber Shores RVResorton West Bay near Northport. please contact Fredrick P. Niemann, Esq., an experienced, knowledgeable zoning land use \attorney. Zoning Ordinances. Apply for or Renew a Short Term Rental Permit. The township then obtained an administrative search warrant and Schwantes and Cypher entered the mushroom trailers in the presence of two deputies from the Leelanau County Sheriff's Office. Some of the area was developed for agricultural purposes and annual festivals related to the cherry crop have been held in Traverse City since 1925. Box 226, Lake Leelanau, MI 49653 Township planners made revisions to the zoning ordinance that included campsite setbacks, occupancy and density standards and more. The North and South Manitou Islands are located to the northwest of the peninsula in Lake Michigan. 3499 Route 9 North, Suite 1F of DENIAL to the Township Board of Trustees regarding the Township-initiated proposed Zoning Ordinance text amendment ZO 2017-04-19 that, if adopted, would allow certain . 3. districts have specific requirements regulating lot and building sizes, the location and setbacks of buildings on the property and the intensity of the use. Still, Oehmke maintains the path forward for the developer is less than clear, noting the planning commission could order Timber Shores to pay to expand and connect to the NLTUA system because these 200 acres are environmentally sensitive.. By using information gathered by traditional research methods coupled with significant input from residents, the Plan sets forth a vision for development in a manner that preserves all that is highly valued by those who live and visit Glen Arbor Township. Record-Eagle stories focusing on the Grand Traverse area's 2022 elections and related issues: The board then adopted new specs for the commercial resort zone where the proposed RV park was slated to be built and pushed zoning from 40 to 125 feet from the waterfront. Email: tophercann@gmail.com.com Cell: 231-645-2418. [2] Additional railroads would snake up the peninsula with lines from Lake Ann and Traverse City to Provemont, Suttons Bay, and Northport. Aspire North Realtors tracks this info here. Application for rezoning, Variance & etc. Leelanau State Park and the Grand Traverse Light are located at the northern tip. Please login hereto access content or comment on a story. It is often referred to as the "little finger" of the mitten-shaped lower peninsula. Scholars have established, however, that Jane first used Leelinau as a pen name for her writings in The Literary Voyager, a family magazine which she and her husband wrote together and circulated among friends in the 1820s. Timber Shores will always look first to try and resolve disputes, and there has been considerable communication to do just that at every step of the way., Aerial of proposed RV Resort site in Leelanau Township courtesy Timber Shores. Chris McCann. Doyle says the townships justification for this entire process the moratorium, the amendment, the lawsuits is the protection of the public health, safety, and welfare, yet a number of elements of the proposed amendment to the commercial resort zoning district were seemingly put in place to hinder the only landowner/developer of any significant commercial resort property in the township.. Bob Featherly. The plan is the blueprint upon which future changes will be based. IN NO EVENT SHALL HANLON NIEMANN & WRIGHT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS PUBLICATION. The Township will provide necessary reasonable auxiliary aids and services to individuals with disabilities at the meeting upon 72 hour advance notice by contacting Jessica Alpers, Township Clerk, (231) 386-5138 ext. All rights reserved. 2020 2023 Legendary, all rights reserved. View Archived Master Plansfrom years past. Zoning Board of Appeals Fee $500.00 45-008-226-003-01, 45-008-226-003-03, and 45-008-226-003-04) from the Agricultural District to R-1 Residential District. The peninsula forms the western shore of the Grand Traverse Bay. While her writing was not published formally in her lifetime (except as her husband appropriated it under his own name), since the late 20th century Jane Johnston Schoolcraft has been recognized as "the first Native American literary writer, the first known Indian woman writer, the first known Indian poet, the first known poet to write poems in a Native American language, and the first known American Indian to write out traditional Indian stories. Lake Leelanau runs 13 miles (21km) through the eastern half of the peninsula, almost completely dividing the Leelanau Peninsula in two sections. The impact of the project (would) be so huge, it will more than double the population (in the summer months), he said. The southernmost section of the peninsula is flanked by the Sleeping Bear Dunes National Lakeshore. Section 1.1 Purpose and Scope . They have extensive knowledge of the New Jersey Municipal Land Use Act and the legal criteria that must be satisfied, to obtain a successful variance. In the early 21st century, the Leelanau Peninsula AVA is known as one of the best Michigan wine regions and is a designated American Viticultural Area (AVA). 2020 2023 Legendary, all rights reserved. Guide to Permitting and Zoning (Guide) for Leelanau County is the result and collaboration of stakeholders in Northwest Lower Michigan to assist individuals and businesses involved with construction and development projects. Leelanau County Road Commission Office 10550 East Eckerle Road Suttons Bay, MI 49682 Phone: (231) 271-3993 Email: lcrc@leelanauroads.org Website OR Michigan Department of Transportation Traverse City Transportation Service Center 2084 US 31 South, Suite B Traverse City, MI 49685 Last week Judge Kevin Elsenheimer ruled that the development agreementsat issue were null and void and not enforceable. Town Supervisor Rick Cross said that as of now, the former Timber Shores proposal was pulled and theres not a new proposal on the table. Chance of snow 70%. In all cases before the Zoning Board of Adjustment, it is the applicants burden to prove his or her case. Doyle notes several areas very likely to create unintended consequences. For instance, the ordinance proposes counting each park model cabin as 1 of an RV. That might require eliminating the tent camping space, or limiting the number of cabins, he says. "[8] In 2008 Jane Johnston Schoolcraft was inducted into the Michigan Women's Hall of Fame. High 41F. Please take notice that the Leelanau Township Planning Commission will conduct a Public Hearing and consider the following request during their Regular Meeting on Thursday, March 9, 2023 at 6:30 p.m. at the Leelanau Township Hall, 119 E. Nagonaba St., Northport, MI 49670, with public participation available by Zoom electronic remote access. Premium Content is available to subscribers only. Regulating the placement, height and intensity of development, allows a municipality to be a more attractive and orderly community. You have permission to edit this article. New Jersey allows every municipality in the state to adopt its own building and land use laws within their municipal boundary lines and all property owners must abide by these laws. The campground was a great boost to business in Northport. Fredrick P. Niemann, Esq. Public Hearing ZO 2017-04-19, a Zoning Ordinance Amendment to amend Section 3.17 Temporary/Seasonal Uses and Structures . VISITOR INFO, RENT THE TOWN HALL Legally permitted and/or legally non-conforming motels, hotels, or . Another highway, US 31 between Beulah and Chums Corner, runs perpendicular to M-72 and M-204, although it lies a few miles south of the base of the Leelanau Peninsula. Although each municipality may establish different zoning regulations, all zoning regulations and all actions of the Zoning Board must be in accordance with the requirements of the New Jersey Municipal Land Use Law. I certify that I have the authority to undertake the activities proposed in this . I love it just the way it is. From Leelanau Township Emergency Services. Phone (231) 386-5138, 2023 Leelanau Enterprise, Leelanau County, Michigan. This Application includes written voluntary conditions submitted by the Applicant. When attempting to subdivide land, develop property, establish a business, build a commercial building or simply add an addition to ones house, a property owner may be required to apply for a variance with the Municipal Planning Board or Zoning Board if the land, structure, or proposed use of the property does not conform to the zoning ordinances of the municipality. Im going to teach you about these laws/ordinances on this and the following pages together with a legal term called a variance(s). Leelanau County encompasses the entire peninsula. The Township will provide necessary reasonable auxiliary aids and services to individuals with disabilities at the meeting upon 72 hour advance notice by contacting Jessica Alpers, Township Clerk, (231) 386-5138 ext. Many times, property owners dont know this when applying for a variance and have their application denied because of a lack of evidence to support the variance. Meeting ID: 881 982 5018 Passcode: 49670 Generally, there are two broad categories of variances. Leelanau Township started implementing the Ordinance on January 1, 2021. Document Center. Leelanau Township, 119 E. Nagonaba St., P.O. Email: fniemann@hnlawfirm.com, COPYRIGHTCopyright Hanlon Niemann & Wright, P.C. Im not sure how you will take this, but you are an extraordinary human being and the antithesis of the stereotypical lawyer. In order to avoid disruption of the slopes, the house has to be located on the property such that the side yard setback of the house (i.e., the distance required between the house and the side property line) will not meet Township requirements. please contact Fredrick P. Niemann, Esq., an experienced, knowledgeable zoning land use \attorney. An Ordinance to establish land use and building occupancy districts in the Township of Glen Arbor, County of Leelanau, in accordance with the provisions of Act 184 of the Public Acts of 1943, as amended; to govern non-conforming land uses and building occupancy; to establish the office of Zoning Administrator and a Board of Appeals, and to define their respective duties and authority for the administration of This Ordinance, to define certain terms used herein, to provide for enforcement and to impose penalties for violation of This Ordinance. There are two different types of bulk variances, also known as the C-1 and C-2, variances. Gohere to purchase a subscription. These local laws are often referred to as municipal zoning ordinances. Cypher Group Inc, P.O. Fredrick P. Niemann and the attorneys at Hanlon Niemann & Wright have appeared before countless planning boards and zoning boards throughout New Jersey to present applications for their clients. History: Lumberjacks timbered this property during the late 1800s and early 1900s. The property in Northport formerly Timber Shores Campground, a proposed RV park, shown from aerial photos in 2021. Freehold, NJ 07728 Copyright All rights reserved. Click to view the page with a listing of all Glen Arbor Township ordinances. Voters on both sides of the issue put up strong fights for what they believed was the best way to govern the commercial resort zone, which encompasses more than 200 acres. Section 1.5 General Compliance . An applicant must produce evidence known as positive criteria and negative criteria. Box 226, Lake Leelanau, MI 49653 The Planning and Zoning department has authority to regulate and control the development and use of property in Glen Arbor Township in order to protect the health, safety, and welfare of the public. The Legal Description of the property, the written voluntary conditions, and the Application are available for viewing at the Leelanau Township Office during regular office hours, and on-line at https://www.leelanautownshipmi.gov. Information on this website has been prepared for general information. In 2006 Leelanau Township okayed a residential development. He can be reached at our toll free number, Introduction to the C Variance and NJ Zoning Law, Introduction to the D Variance and NJ Zoning Law, Obtaining a Variance for a Non-Conforming Use or Structure, Application Process Before a Municipal Zoning Board of Adjustments or Planning Board, Objecting to a Variance Application in NJ, Appealing a Variance Denial or Approval in NJ, Glossary and Definitions of Terms Used in NJ Zoning Law, How to Apply to the Zoning Board of Adjustment for Variance Relief, How to Oppose a Variance Application Before a Zoning Board of Adjustment or Planning Board, Appealing the Granting or Denial of a Variance in New Jersey, How To Apply for a Zoning Permit in Your Municipality, Obtaining a Variance for a Non-Conforming Use or Structure Under N.J. Zoning Law Part 1, Introduction to D Variances Under N.J. Zoning Law. Timber Shores sees Elsenheimers ruling as a clear victory. The suit revolved around two agreements which would require Timber Shores to be connected to the Northport-Leelanau Township Utility Authority (NLTUA) sewer at its own expense. The Sleeping Bear Dunes National Lakeshore, the most renowned part of the peninsula, was authorized on October 21, 1970. 2017 Leelanau County Guide to Permitting and Zoning 6 Leelanau County Governmental Units As you can see from the zoning map shown above, there are 3 incorporated villages and 11 townships Zoning Review $50 per parcel I own several small businesses. Rental of only a portion of a dwelling unit (Owner Occupied Rental). Native Americans who first inhabited the area called this land "ke-ski-bi-ag," which means "narrow body of water."[5]. [7] She and her siblings were well-educated and she wrote in Ojibwe and English. SUTTONS BAY In March, the Leelanau Township board in Northport unanimously voted to implement a strict commercial zoning ordinance that changes regulations for future structures in the townships commercial resort zone along the waterfront of Lake Michigan. Leelanau Township, 119 E. Nagonaba St., P.O. Henry also used the name Leelinau for a character in his writing. The passion is in the people who dont want it here. In residential zones for example, incompatible uses such as factories, shopping centers, and offices are not permitted. The NLTUA (Northport /Leelanau Township Utilities Authority) operates the municipal sewer system within the Village and the Township. Suppose that you would like to build a house on a property that has steep slopes on a portion of the site. All information presented in this website is copyrighted by Hanlon Niemann & Wright, P.C., or other individuals or entities as designated. Copies of the Oronoco Township Zoning Ordinances may be obtained from the . It all started after Timber Shores RV park proposed constructing 355 RV campsites, staff housing and a water treatment system roughly 40 feet from the water that zone. Amendment to Zoning Ordinance April 2022. See Leelanau County for a more complete discussion of the etymology of the name. Timothy A. Cypher Phone (231) 386-5138 In some cases, it may not be possible to meet these requirements because of the shape or special physical characteristics of the property. A motion to intervene was also filed on behalf of 63 property owners within 300 feet of the proposed Timber Shores development, who claimed their interest was not only to protect the well water of the adjacent property owners but also Ennis Creek, which runs through the property. THE ZONING ORDINANCE MAKE CHANGES TO PLANS & RESUBMIT TO ZA . If you are a small business owner, give them a call. Rochester-Olmsted Planning Department . They also aim to limit the number of the more permanent park models allowed in a campground. Purpose The primary goals of the Guide are to both act as a quick reference as well as educate individuals, The township board amended sections 2, 3, 7 and 15 all pertaining to the commercial resort district where a proposed 355-site RV resort us planned. information is true and accurate and in compliance with the Leelanau Township Zoning Ordinance. To view or purchase photos, visit photos.record-eagle.com. Phone (Toll Free): (855) 376-5291 2023 Leelanau Enterprise, Leelanau County, Michigan. When the idea to reopen Timber Shores came to the surface, there were a number of different opinions as to what that would do, said Northport Village Council President Steve Wetherbee. BOARD MEMBERS. 2122 Campus Drive SE - Suite 100 . The Zoning Board may grant a d or use variance to permit a use or type of building that is not otherwise allowed. At the time the moratorium was imposed, Thall shared this rationale: "It has been over 15 years since the Leelanau Township zoning ordinance has been studied with regard to recreational vehicle parks and campgrounds as a special use within the commercial resort district. In addition, the applicant must demonstrate that the granting of a variance will not create substantial harm or negative effects to the public, or impair the intent and purpose of the Municipal Zoning Ordinance. The other group didnt like the idea of filling the quiet part of the township with an RV park, he said. The most notable changes, according to Zoning Administrator Steve Patmore, pertain to wetlands and park models. The federal government's stance at the time was that the Great Lakes were the "third coast" and had to be preserved much like Cape Hatteras or Point Reyes, which are National Seashores. Located between Traverse City and Suttons Bay, this completely renovated home at 10444 South West Bay Shore the township asked the 13th Circuit Court to decide. On March 28, the Leelanau Township Board of Trustees adopted Ordinance No. PLANNING/ZONING Application for Short Term Rental (Packet), Application for Renewal of Short Term Rental Permit, Application for Variance or Appeal to ZBA, Application for Zoning Ordinance Text Amendment, Good Neighbor Policy for Short Term Rentals, Nov. 9, 2021 Letter from township attorney, From Leelanau Township Emergency Services, Prohibition of Recreational Marihuana Establishments Ordinance, CPA Report on Twp. Apply for or Renew a Short Term Rental Permit. Note: The Leelanau Township Short-Term Rental Ordinance, as-adopted, bases . The Board of Adjustment would be justified in granting a variance for the insufficient side yard setback if you were to demonstrate that 1) the physical constraints of that particular property does not allow you to meet the zoning requirements of the district and 2) that the variance can be granted without harming the public welfare or impairing the intent and purpose of the Townships Zoning Ordinance. Leelanau Township Office hours: Tuesday and Wednesday from 10 am to 4 pm, Click here for documents related to zoning in Leelanau Township, Township Hall address: 119 E. Nagonaba (PO Box 338) Northport, MI. [1], The first railroads on the peninsula were built in 1892. He expects, though, that the Timber Shores team will present a new proposal later this month or in December. Visit the document center to view the ordinances and forms. C. This Ordinance does not apply to the following; these uses are regulated by the Leelanau Township Zoning Ordinance: 1. 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