Twp. looks to correct zoning error

An error on the Oxford Township zoning map allegedly made by a previous planner many years ago could end up costing the municipality as much as $6,000 to correct.

Last week, the township board voted 7-0 to direct the planning commission to begin the rezoning process regarding 2740 N. Baldwin Rd. and 2750 N. Baldwin Rd. with the township being responsible for “any associated fees.”

Based on official township records, Matthew Lonnerstater, the current planner with the Ann Arbor-based Carlisle/Wortman Associates, Inc., stated, in a Dec. 21 letter, that 2740 N. Baldwin Rd. “has historically been split-zoned as R-1 and SF-2, while 2750 (N. Baldwin Rd.) has been zoned R-1.”

But the current zoning map shows both parcels with SF-2 zoning.

R-1 is single-family residential zoning where the lots must be a minimum of 12,000 square feet. SF-2 stands for Suburban Farms and this zoning requires lots be a minimum of 5 acres.

Both parcels are owned by Anne Marie Roop. She lives at 2740 N. Baldwin Rd. while owning and operating the Oakwood Wedding Chapel at 2750 N. Baldwin.

She purchased the properties in 2001 when they were a single parcel. She had it split into two parcels in November 2013.

The zoning map mistake came to light at the Dec, 14 planning commission meeting during a pre-application conference with Roop regarding a proposed expansion of the Oakwood Wedding Chapel.

“We could not determine what it was zoned,” said Trustee Jack Curtis, who serves on the planning commission.

Roop told the township board when she purchased the property “it was all zoned as R-1.” She said “every piece of paper” she has in her records concerning the property states it’s R-1.

In a letter to township Supervisor Bill Dunn, Roop wrote, “We have been in front of the township planning commission, board and ZBA on multiple occasions obtaining additional approvals, all under R-1 zoning.

“We have invested 16 years of our life and hundreds of thousands of dollars in this property based on many written and verbal representations by the township that the property in its entirety holds an R-1 zoning.”

Based on Lonnerstater’s research, the township’s zoning map for 1971-83 designates all of 2750 N. Baldwin Rd. as R-1. As for 2740 N. Baldwin Rd., the western portion is shown as R-1, while the eastern portion is zoned SF.

These same zoning designations are also depicted on the township’s zoning map for 1988-94.

A change occurred in the 2001-03 zoning map which depicts both parcels as SF-2.

“Somebody didn’t fill in the proper color (on the map for) this piece of property,” Dunn said.

That same zoning continues to be shown on the current map for both parcels.

“This implies that the properties were rezoned sometime between 1994 and 2001,” Lonnerstater wrote. “However, we were not able to locate township files denoting a formal rezoning of these properties. Therefore, we assume the original mapping error took place sometime between 1994 and 2001.”

“It was overlooked (then), but it has a big impact on the applicant (now),” Curtis said.

Because the current zoning map was “officially signed by the township clerk,” which certifies its adoption by the township board on March 14, 2007, Lonnerstater wrote its the opinion of township attorney Gary Rentrop that “the incorrect zoning designations on the current map cannot be viewed as a clerical error subject to administrative modification.”

In order to rectify this situation, Lonnerstater indicated a formal rezoning process must now take place, including a public hearing at the planning commission level, a recommendation from the planning commission and formal adoption by the township board.

“Because the purpose of this rezoning is to correct a mapping mistake made by the township and/or township consultants, the township should bear the administrative costs of the rezoning process,” Lonnerstater wrote.

It “could be up to $6,000,” Dunn said, because that’s how much the township asks rezoning applicants to put in escrow to cover the cost of the process. He added he doesn’t believe the township has any chance of recouping this money from the planner on whose watch the error was made.

“So, we have to probably eat it,” Dunn said.

The board didn’t have a problem with that given the circumstances.

“We have to make it right,” said Trustee Elgin Nichols.

 

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