Harrison Planning Hears Objections to Ordinance Revision

Rustic Owl

105 E Main Street
Harrison, MI 48625

By DIANNE ALWARD-BIERY

Cleaver Senior Staff Writer

HARRISON – The Harrison Planning Commission’s Sept. 16 meeting saw six members present: Tom Mondeau, Tom House, George Muscott, Ed Kerr, Robin Witkowski and Dena Woods, along City Council liaison Bob Stewart, Code Enforcement Officer Mike Freeman, and Finance Clerk Kathy Maharas who was filling in for Justin Cavanaugh.

After adoption of Planning Commission Minutes of Aug. 13, focus moved on to Visitors, primary of which were Malisa and Jeff Dinnan, owners of The Rustic Owl. Malisa Dinnan began as she had at the previous Harrison City Council meeting by apologizing for not having attended earlier Planning Commission meetings where her business’s use of 24/7 outdoor displays had been discussed. She told commissioners that she had not attended because she had believed if there was a problem, she would have been notified.

For background, after receiving a zoning violation letter back in July, The Rustic Owl disputed the violation, contending to Harrison City Council that the City’s Ordinance language, stating that outdoor “display cases” had to be removed outside business hours, did not apply to their business as their merchandise was not in “display cases.” When Freeman had brought the business’s attention to its violation of the ordinance’s intention, the business owners began making their case that the verbiage meant their merchandise could remain outside the building as long as it met the limitations of display being no more than two feet deep along no more than 50% of the building’s storefront [sidewalk frontage], and maintained a five-foot wide pedestrian passage clearance on the sidewalk.

The Planning Commission took up the issue in August, at a meeting not attended by The Rustic Owl owners, and determined the Main Street/M-61 side of the building could be displayed as the owners wished, as they were using their grassy strip which the city does not own. The Second Street side which directly abuts the sidewalk, however, would be limited to the 50%, two-foot width, five-foot sidewalk clearance. Several suggestions were offered for ways that the merchandise could be handled to enable display while also meeting the zoning ordinance limitations. Also at that meeting, the Planning Commissioners moved to revise the display ordinance to eliminate the problem-causing “display cases” verbiage, and Justin Cavanaugh was charged with writing up the revision to the ordinance for action at the September meeting.

Thus, at the Sept. 16 meeting, the Ordinance 2024-02-Revisions to Sidewalk Display Regulations was on the agenda.

At that meeting, Dinnan continued to make a case for the necessity of her outdoor displays to entice customers into the store, ergo the success of her business. She also spoke at length of the work involved in setting up her displays, thus the unsuitability of using carts to haul items indoors and back out the next day. Dinnan additionally cited the work she had done, starting early before business hours, to keep the sidewalks swept, salted and cleared of snow. It should be noted here that the City is not obliged to clear sidewalk snow in front of businesses, but does so as a courtesy when time and manpower allows.

When Commissioner George Muscott along with other commissioners, attempted to explain why the City is not in favor of enduring outdoor displays due to previous abuses – and the inability to guarantee another incoming business would treat their display with the same care Dinnan exhibited – they were met with arguments about other businesses with outdoor elements on display. One was the customer seating tables outside Longer Table [which are not merchandise displays and actually fall under a different zoning], and even Blackie’s Cabins because there are bears in the yard [that also are not displayed merchandise]. It was explained that having merchandise displayed on the city’s sidewalks is not the same as displaying items on private property – something the City cannot affect unless it becomes blight.

Interested citizens and some of the vendors who sell their work at The Rustic Owl were in attendance and spoke of the positive aspects of the business, and its benefit to the Harrison business community – all noting that the store brings something truly special to the city. Some even suggested an exemptive ordinance, as suggested by Dinnan, could allow for the existing business – as it is currently the only one of its nature in the city. It was explained that the City could not establish a selective ordinance, especially one which could lead to the same problematic application: relying on the hope that all such businesses would handle it responsibly.

Declaring she believed she was being punished, treated unfairly, and receiving no support for her contention that her business should be exempt from the ordinance change, Malisa Dinnan exited the meeting. Jeff Dinnan remained and spoke in a reasoned way with Muscott, seeking still more clarity about why the outdoor display distinctions even matter. Seemingly not receiving any answers he found acceptable, he rose to leave the meeting and paused to pose the question of how the Commission might feel about having an empty building on that corner.

After the Dinnans’ departure, commissioners continued to brainstorm about ways The Rustic Owl could gain customer enticing attention while still abiding by the ordinance. There was lengthy discussion of the business’s positive aspects as well as better signage on the south side of the building, and the business’s ability to make that happen by seeking a façade grant through the Downtown Development Authority.

At that point, the ordinance revision was presented and unanimously approved. It would go on to Harrison City Council for a first reading Sept. 23.

Also attending was Harrison resident Vicki Paulus who had questions about local houses being used as Airbnb and Vrbo destinations, as she said there are three on her street. Mike Freeman responded that things are in the works in Lansing regarding Airbnb, etc.

The Planning Commission’s agenda included three New Business items: the stray cats issue in the City of Harrison, City of Harrison Capital Improvement Plan, and a Master Plan Update Discussion. It was relayed by Maharas that the stray cats issue and the Master Plan discussion would be waiting until the 6 p.m. Oct. 8 meeting, and that the Capital Improvement Plan must be finalized by the end of the year.