New life arrived at an empty building in downtown Clarkston recently, but some residents say they’re not happy about the tenants.
Two businesses have already set up shop in the old Independence Township Hall at 90 N. Main Street in downtown Clarkston’a local photographer and a computer-related venture’and two more are lined up to go in soon.
But those opposed to the idea of businesses operating from the building ‘the area is zoned for zoned for single-family residential use’say the operation is in violation of city ordinance.
‘While it has been used as a school and as’governmental offices, those exceptions are allowed under the law; commercial use is not, unless an exception is granted,? said a resident who asked not to be identified. ‘The present commercial occupancy is illegal.?
City Attorney Tom Ryan said he hadn’t yet had an opportunity to look into the matter, but some residents worried that allowing the commercial use could set a precedent for other rezonings, and potentially change the character of Main Street.
The building, erected in 1910, housed Independence Township municipal offices from 1951 until last year, when it was traded in the township’s bid for a new facility, now open on Waldon Center Drive.
The building in downtown Clarkston is now owned by Ed Adler and Bob Roth of Leh-Ray Holdings, LLC, who say they plan to continue renting to interested businesses.
‘For years the township sold dog licenses and tickets to parks and recreation events out of that building,? Roth said. ‘They held dance classes and other classes up on the third floor, and no one ever paid taxes.?
But with the township moved out, the bills are rolling in.
Tax bills to the tune of $28,258.14, in fact.
‘And that’s just winter taxes,? Roth said.
Adler and Roth both said residents don’t have to worry; they’re not planning to put up neon signs for the tenants, or make any other noticeable changes, for that matter.
‘We don’t have any plans like that at this point,? Adler said. ‘My hope is you’ll drive by 10 years from now and it will look just like it does right now.?
Although two tenants have now moved into the building, Adler and Roth said they tried to talk with city officials months ago, before renting out space.
City Council meeting minutes show they both attended a November meeting ‘to determine the future development of the township hall property on 90 North Main.?
The council recommended taking the issue to the city planning commission, an effort, Adler and Roth said, that held up plans and ultimately went nowhere.
‘Meanwhile, the meter kept running on the tax bill,? Adler said. ‘They didn’t slow that down. We’re going to pay the taxes, and we’re going to get some help doing it. You know anyone who needs some office space??
Former Clarkston Mayor Sharron Catallo attended last Monday’s city council meeting and, like others, spoke up on the issue during public comments.
‘I’m concerned about the space already being rented,? she said. ‘I would have thought it would be handled differently, instead of putting the council in the position of dealing with someone who’s already occupying the building.?
City Manager Dennis Ritter said the issue was in the hands of the city planner and the city attorney.
‘We do have the appearance of a violation,? Ritter said. ‘But we have to understand the planner’s interpretation and our attorney’s opinion before we take any kind of action.?
City Councilman Cory Johnston had a different opinion.
‘If it’s a zoning issue, the Zoning Board of Appeals is the only one who has authority to address it,? he said. ‘If the party disagrees with the ZBA, the next step is the courts.?