Hamilton Planning Hears of Violations, Variances

Meeting Dates

The Hamilton Township Planning Commission will now meet at 6:30 p.m. the first Wednesday of the month, which will precede the Hamilton Township Board of Trustees meetings at 6:30 p.m. the first Thursday of the month.

3042 N Rodgers
Harrison, mi 48625

HARRISON – Clare County’s 16 townships are managed by residents who donate and invest their time in an effort to ensure a safe and enjoyable quality of life for their fellow residents. Along with that effort come unavoidable conflicts between neighbors, objections to the township’s ordinances, violations due to hardship, and overt violations by choice.

At the April 20 meeting of the Hamilton Township Planning Commission, examples of all three were addressed. Perhaps the number of concerns was compounded by the fact that Mark Janeczko, the township’s zoning and blight enforcement officer, had moved away, creating a lack of attention for a time. The pandemic also has had an effect, as in so many places, resulting in the Planning Commission not having met since Nov. 11, 2020.

Hamilton has, however, filled the vacancy and resumed its meetings. Janeczko’s position was split, and Melissa Townsend is now the zoning administrator, with an additional person serving as blight enforcement officer.

The HPC took on some of the typical conflicts that arise: complaints about neighbors perceived to be in violation of township ordinances, i.e. structures illegally built in front of their house and/or too close to shared property lines; and wood stoves positioned in front of the house, rather than behind the house, as required by township ordinance.

Permitting has kept Townsend busy and she noted several conflicts, beginning with an issue between two water body neighbors, the first wanting to construct a full-height privacy fence between the properties all the way down to the water line – in order to screen out view of the second neighbor’s unmown lawn. Townsend explained that the second property owner could not maintain a trimmed lawn as natural drainage causes the property to remain constantly wet, and that the second property owner was in favor of allowing that fence in order to end the conflict. She said it was basically a neighbors’ feud, with threats of a lawsuit, and that the first neighbor had paid for and submitted for a variance to allow the fence.

In another instance, Townsend described a single property purchased by four siblings with a plan of making it a family vacation home. She said their intent was to demolish the existing dwelling and rebuild another structure. When it was noted the property was zoned rural residential in a subdivision, the question of lot size arose. The lot being .174 acre, and property setbacks of 10 feet from property lines and 20 feet off the river, it was quickly questioned how water and sewer infrastructure and a dwelling could be accommodated on such a small site. It was explained that what currently existed for drainage was a dry well which had collapsed, and Townsend was urged to send the applicants to the health department for guidance.

With many requests for variances from the township’s zoning requirements, Dave Wright, township supervisor, conjectured that the planning commission and the township board may need to have a joint workshop to consider a possible need to adjust ordinances. That workshop was set for 6:30 p.m. May 13.

Following Wright’s suggestion, Townsend said that if ordinances were to be adjusted, she would be in favor of allowing the currently disallowed soft-shell (canvas) storage structures – if they are well maintained.

Townshend further spoke of restrictions in shoreline stabilization, noting that all seawall materials beyond rip rap – such as concrete, mortar, vinyl and wood – are prohibited.

Other complaints included neighbors taking issue with security cameras believed to be aimed at them; as well as motion-activated security lights constantly going on and off; and, of course, neighbors’ barking dogs. Coupled with residents who were described as “blight generators, 24/7” and the stack of outstanding citations she has inherited, Townsend most certainly has substantial work ahead.

There also was discussion of the restaurant in Dodge City which has been in the process of being renovated for some time. It was noted that that business’s permit had expired in February, and that taxes also were in arrears. Chairperson Melanie Conway also explained that although the original permit was for an existing business, since the restaurant had not become an operating business, when permitting is sought again, the application would have to be for a new business and, thus, the process would have to begin again from scratch.

Having decided that the spacing between township board meetings and the planning commission meetings was too long, creating undue delay in promptly bringing issues dealt with by the planning commission to the attention of the township board, it was decided to change the meeting date. The Hamilton Township Planning Commission will now meet at 6:30 p.m. the first Wednesday of the month, which will precede the Hamilton Township Board of Trustees meetings at 6:30 p.m. the first Thursday of the month.