Jessica Mathews / news@whmi.com


No decisions were made by the Zoning Board of Appeals following a nearly four-hour meeting Monday night regarding a condo development in Marion Township opposed by nearby residents.

The Mitch Harris Building Company is proposing a condominium project called Meadows North with 167 units on property with access off of Peavy Road.

The Planning Commission earlier recommended preliminary site plan approval, which moved it to the township board. After resident opposition, an opinion on different points was requested by the board from the Zoning Administrator – which determined the project met requirements and should receive the preliminary approval.

The site was earlier rezoned from highway service to urban residential.

Resident Kathryn Acker’s appeal was of the interpretation made by the Zoning Administrator. She presented her case and arguments on alleged ordinance and other violations, which resulted in some back and forth with the board throughout. That was followed by a call to the public, and comments from other residents on Peavy Road.

Acker alleged violations of special land use requirements, saying the project would be detrimental to the area and generate excess traffic and noise. She also stated encroachment on existing properties on Peavy Road to create a deceleration lane and put an entrance between two existing homes is “the epitome of being a detriment to the existing property owners”.

Another alleged violation was that there has not been a traffic impact study. It was stated that was premature and a complete traffic study would be required as part of any final site plan review process. Acker further asserted Peavy Road is a local road and not a major thoroughfare.

Acker stated there needs to be more than one entrance, but it was not clear from discussion if more than one is required per ordinance. She argued two existing subdivisions and one currently being built, Tamarack Subdivision, have two entrances each and are smaller. Acker closed by saying they really don’t care if the sub goes in, they just want the developer to find a way to make the access off D-19.

Many of the arguments were deemed premature. It was asserted numerous times during Monday night’s meeting that preliminary site plan approval must be granted before the applicant can proceed with obtaining permits from various agencies, as well as a township special land use permit.

Attorney Rogers Myers represents the Mitch Harris Building Company and stated that Acker’s appeal application should be denied simply because she is not a “significantly aggrieved” person per law and has no “distinct or unique injury” not shared by the general public. He said she has a basic lack of standing to even seek the appeal and was representing neighbors on Peavy Road – adding she presented nothing to lead to the conclusion the zoning administrator’s interpretation was wrong.

After a lengthy closed session, the ZBA made two motions – both of which passed.

The first was to release a legal opinion to the township board only. The second was to extend the review deadline beyond 60-days, as permitted, to allow more time to obtain and review additional information.

The matter will be back before the ZBA for a future vote either at a regular or special meeting, no more public hearings will be held.

More information is available in the ZBA meeting packet.