In My Opinion March 23 2004 Violation Notice (click picture,then click again)

In My Opinion First Ammendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

In My Opinion If you want to know how the shoe fits, ask the person who is wearing it, not the one who made it

The intent of the LS/R 2 district is clear and easy to understand : The LS/R 2 (Lake Shore and River Two) District is intended for the preservation of existing

quiet neighborhoods free from other uses except those which are compatible with and convenient to the residents in this district.

"If you want to know how the shoe fits, ask the person who is wearing it, not the one who made it." There exists a petition of over seventy residents in the 16 mile Lake area that fully support this intent, the LS/R2 zoning district as it is presently worded, and its continuance in the future.

The 16 mile lake area has legally been a strictly residential non-commercial district since 1979. This includes the County and all AuTrain Township Zoning Ordinances. Hotels, Boarding Houses, transient rentals, and commercial uses of this nature have been illegal since any zoning existed in this area.

The AuTrain Township Board of Appeals declared this by stating: "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 was confirmed by Honorable Circuit Court Judge William Carmody, who also stated "What is clear to this Court is that from 1979 to the present, commercial activity of the nature of the petitioners was prohibited in both the RP classification under the former County ordinance and the LS&R2 classification of the current ATZO. Simply put, an illegal non-conforming use cannot ripen into a legally conforming use on its own imagination or by unilateral determination of a zoning administrator."

The fact that a definition for the term transient rental does not exist in the current AuTrain Township Zoning Ordinance is irrelevant.

The AuTrain Township Zoning ordinance has provided several districts where commercial enterprises can legally exist including LS/R 1 where resorts, hotels, boarding houses, and transient rentals are allowed as a permitted use.

This history of the strictly residential , noncommercial character of this district, and the will of residents who support this district, sets a clear precedent.

"Amendments to any facet of the Zoning Ordinance should be made cautiously, a complete

review should be done of ongoing actions and planned projects that may have a major impact on the community." Amending the zoning in the 16 mile lake area to anything different than its historical use such as the inclusion of hotels, boarding houses, transient rental, or any commercial use would violate this policy.

The environmental effects of unregulated boarding houses , hotels, and resorts must be considered. Commercial uses such as hotels, resorts, boarding houses, and transient rental businesses bring with them increased traffic, crime, noise and an infringement on private residences. There is an additional financial burden on the Township to address these problems such as police patrol, as has been demonstrated by AuTrain now paying additional tax payer's monies for this in commercial use areas. Additionally fire protection needs costs more for commercial use districts, and land value decreases for existing residential homes.

To allow hotels, boarding houses, resorts, transient rentals, and other commercial uses in a strictly residential district will cause increase burden on the Township as a whole. Changing the nature of a residential district to include hotels and other commercial uses will require increased expenditures, when monies should be spent to improve our township.

The 16 Mile Lake LS/R2 district is significantly occupied by senior and retired citizens and should be developed to accommodate this population. The results of our latest census will undoubtedly show an increase in senior and retired occupants.

Altering the intent of this district is, clearly arbitrary and capricious.