In a 4 to 1 vote tonight, the Village Zoning Board of Appeals (which has the same membership as the Village Council) voted against the variance request by Elberta Land Holding Company (ELHC). The variance was initially denied by the Village zoning administrator, Josh Mills, and this was the property owner’s appeal.
The request was for permission to build a chain-link fence of up to 6 feet in height on two large parcels adjacent to Betsie Bay. The Village zoning ordinance stipulates that front-yard fencing be decorative and no more than 36 inches high. ELHC stated its concerns about trespassing and liability as the main reasons for their variance request.
About a dozen members of the community attended the public hearing and spoke on the matter. Most were opposed to the idea of any fence at all, but some were not opposed to a 3-foot fence. No one spoke in support of ELHC’s request. Several letters received from other members of the public were read aloud, all in opposition.
It was noted by a few people at the meeting that there is only one private property/no trespassing sign in the area, and the extent or borders of the property are not evident. Several people freely admitted to habituating the area over a period of decades, chiefly for fishing.
David Caldon, an attorney, made the case for the variance on behalf of the landowners, who were not available to attend the meeting.
A more detailed report will follow, along with a report on the December council meeting, I swear on my sainted mother.
Happy winter solstice, everyone.
I’m curious if this is the property that is still (at least last I knew) in tax exemption status.
We were unable to attend. We are happy to hear this decision. We have used this area for many years and never have we seen any issues that have required a fence be installed. Hopefully this will be the end of that.