To the law abiding citizens in AuTrain Township I regret to inform you that you are significantly less important to the AuTrain Township Board and Zoning Administrator than a select few operators of illegal Hotels and Boarding houses in our residential districts.
The issue came before the Zoning Board of appeals, the outcome of this hearing resulted in this decision:
The October 2,2009 ZBA ruling and decision follows:
” A. Find that the decision and interpretation of Mr. William Rogers that the transient rentals within the AuTrain and the LS/R II Zoning District are legal non-conforming uses be reversed and nullified based upon the following grounds pursuant to MCL 125.3602,125.3604.
1. Mr.Roger's decision, declaration or statement is not in conformity with the procedures set out by law and the AuTrain Township Zoning Ordinance;
2. That Mr. William Rogers had no authority to make an interpretation declaring illegal non-conforming uses were legal under law or Township Zoning Ordinance;
3. That such authority if it existed, was not properly exercised since no public notice and hearing as required by law and the Zoning Ordinance was provided to interested property owners either before or after the announced decision was offered.
4. That the transient rentals are illegal, non-conforming uses within the LS&R II district, have been so from and after 1979 and cannot be made legal under any authority possessed by Mr. William Rogers by mere declaration.
B. Finding that the present proceeding noticed and held by the Planning Commission with respect to the review of non-conforming uses by declared improper as not in accord with the AuTrain Township Zoning Ordinance and the Michigan Zoning Enabling Act.
C. This Board further find that the transient rentals currently operating within the LS&R II Zoning District(AuTrain Township) are illegal nonconforming uses and hence subject to Court-ordered abatement as nuisance. MCL 125.3407."
This decision was challenged in Circuit Court, His Honorable Judge William Carmody closed the case in agreement and full support of the Zoning Board of Appeals. The decision by Judge Carmody has been challenged three separate times and all three times rejected by the court
A petition of over 70 people in the 16 Mile lake area that said they fully supported the existing laws and wanted these laws to continue, was completely ignored. Clerk Rogers implied that these peoples opinion were worthless because they weren't present at the meeting. Trustee Albro remarked at an earlier meeting that this was an insignificant number of people. Albro also stated at a Planning Commission meeting "I think they(senior citizens)should live at 16 Mile Lake and let's put up a big gate and they have to ask permission from the rest of the Township to get out"
Respectfully
AuTrain Township Board Trustee
Frank Castiglione
