No Facts to Support the Sham Ordinance Amendment

The opponents of Timber Shores are hiding behind one false narrative after another in a desperate attempt to preserve what they believe to be their private beachfront sanctuary.

Their opposition is without regard for the real long term economic and community needs of Leelanau Township. The future of the township depends on the growth of families, the tax base and community services including much needed health care. Their attack narrative changes with the wind depending on what they think can garner the biggest tabloid headline.

We think it is important to remind the public that this whole fiasco began with the imposition of a moratorium by former Supervisor John Sanders to stop the review of the application submitted by Timber Shores for a special use permit in the commercial resort district. The stated basis for this moratorium was to give the Leelanau Township Planning Commission six months to review the existing ordinance for any deficiencies that would affect public health, safety and welfare.

There is a substantial body of law pertaining to property rights and zoning law. This regard for property rights is equal to our regard for religious liberty and thus should be taken very seriously us all. Our attorneys have pointed out repeatedly to the planning commission that Michigan law requires that any zoning ordinance amendments be based on “competent, material and substantial evidence”.

We monitored the LTPC deliberations very attentively and will maintain in any future court action that there were not any relevant sections of the zoning ordinance for which any competent, material and substantial evidence has been produced to even suggest that the existing ordinance failed to protect the health, safety and welfare of the public. Further, the amendments to the ordinance went far beyond anything remotely relevant to public health, safety and welfare. A few examples include: modified density criteria that even their professional planner stated were not required; restrictions on design, location and numbers of park model cabins for no relevant reason; wetland and shoreline setbacks that go beyond state requirements; restriction on local residents’ use of park amenities and more…

These amendments leave no option but to submit dozens of appeals to the zoning board of appeals or court action.

There are many more examples of how this assignment to find specific deficiencies in the existing ordinance became a private witch hunt to derail the development of the Timber Shores RV Resort and a blatant disregard for the property rights of an owner of over twenty five years who has paid in excess of $2 million in property taxes for the right to re-develop a property that has had the same zoning for the duration of his ownership.

We trust that the residents of Leelanau Township will see that the future of their community is dependent on the growth of families, tax base and community services tied to responsible development, which goes hand in hand with responsible government and the respect of property rights.