Zoning Ordinance Variance Information

Ordinance History and Statistics

Lately there has been a significant amount of conversation regarding the City of Mt. Pleasant’s restaurant drive through vehicle stacking requirements. Therefore, what better time to review and share the history and process of zoning ordinance and variance information. The City’s zoning ordinance requires 200 feet of stacking space to enable safe traffic flow and avoid any backups on City streets and sidewalks. This standard, adopted by the City Commission in 1984, applies to all restaurant drive throughs established since that time. There are currently 22 drive through restaurants in the City averaging 227 stacking feet. The average amount of stacking plus additional on-site overflow is 319 feet.

The Process

Businesses wishing to establish a drive through must:

Apply to the Planning Commission and receive approval of a special use permit. This process includes a review ensuring all ordinance requirements are met and a public hearing is held. In general, special use permits are established to address potential impacts on neighboring properties and the general public.
If a business does not believe they can meet one or more of the requirements for a drive through they can apply to the City’s Zoning Board of Appeals (ZBA) and request a variance (a modification of requirement).

Per the State of Michigan’s Zoning Enabling Act, the ZBA acts as a quasi-judicial body reviewing local zoning ordinance cases. The ZBA is a separate entity from the Planning Commission, City Commission and City staff. The ZBA must review a request for variance against criteria related to practical hardship (that is, the need for a variance arises from a circumstance unique to the property which is not the result of actions taken by the applicant.) A variance cannot be granted in situations where the standards of the ordinance can be met.

Variances require the approval of a majority of the members of the ZBA, which for the City of Mt. Pleasant’s ZBA is three affirmative votes. As specified by the State of Michigan’s Zoning Enabling Act, applicants who wish to appeal a ZBA decision may do so at Circuit Court. ZBA decisions are not appealable to any other board or public body under state law.

Recent Variance Request

On December 15, 2021 the ZBA reviewed a request for two variances from the City’s standards for drive through restaurants. One was a variance related to screening, which was approved. The second was a reduction of the required vehicle stacking from 200 feet to 120 feet which failed to receive the three votes required for approval.

The City Commission discussed this specific case at its January 24, 2022 meeting. Per State of Michigan law, the City Commission is unable to hear an appeal of any ZBA decision, nor is it able to refer the ZBA to review the same issue again. However, the City Commission did direct the Planning Commission to review the City’s drive through stacking requirement standard and provide options, if any, for the City Commission to consider. This review will occur at the Planning Commission’s March 3, 2022 meeting.

The City has not issued any tickets or halted drive-through operation through this process, and the City Commission has directed City staff to continue to stay enforcement related to the drive through stacking requirement while this ordinance is being reviewed.

Topics to Watch at the Hybrid Mt. Pleasant City Commission Meeting – February 14, 2022

Here are the topics to watch at the next in-person as well as virtual Mt. Pleasant City Commission meeting scheduled for Monday, February 14, 2022 at 7 p.m.

Receive recommended text change to Section 154.414 to update band sign standards and delete reference to downtown Mt. Pleasant signage design guidelines and set a public hearing for March 14 on the same.

Consider award of contract to Insight Pipe Contracting for the 2022 Sewer Relining Project and consider budget amendment for the same.

Two separate public hearings on Special Assessment District #1-22 and #2-22 roll and consider approval of Resolution #5 to approve the roll and set the payment terms for Special Assessment District #1-22 and #2-22.

To view the entire meeting packet visit:

http://www.mt-pleasant.org/docs/board/city.commission/agendas/2022/2-14-22.pdf

How to follow public meetings virtually:

In an effort to slow the spread of COVID-19, the City Commission Meeting will be held in person in the City Chambers/City Hall (320 W. Broadway Street) with virtual attendance options as well. Non-voting participants may view the meeting live on the City’s YouTube Channel https://www.youtube.com/user/MtPleasantMi/, on Spectrum Charter channel 188 or via Zoom.

If a virtual option becomes unavailable due to technical difficulties, the meeting will continue as scheduled. Residents who would like to provide a comment during the appropriate time are welcome to come to the meeting at City Hall, or email their statement to comments@mt-pleasant.org.

Zoom Meeting instructions via computer, phone, or dial-in number are as follows:

https://us02web.zoom.us/j/85451634185?pwd=N3ZQTGRVYnhlY3FQVlZnWGp2ZW5vQT09

Meeting ID: 854 5163 4185

Passcode: 984276

Phone dial-in: (312) 626-6799

Audio and video will be muted for members of the public and then unmuted by the host during public comment periods.

For participants accessing via computer or smartphone please use the “Raise Your Hand” icon to indicate you would like to speak. First, click on the “Participants” icon at the bottom of your screen. Next, click on the “Raise Your Hand” icon near the bottom right corner of the screen.

To raise your hand for telephone dial-in participants, press *9.

Members of the public may be muted or removed if using abusive language or if they become disruptive to the meeting.

Virtual attendance to the meeting and participation during public comment periods will be conducted as follows:

Members of the public are asked to provide their name and address with any comments.
Comments/Questions may be sent ahead of the meeting, or during the meeting via email to comment@mt-pleasant.org. Comments sent via email will be read aloud to the Commission during the public comment period.

Individual commissioners can be contacted at the following email addresses:

Mary Alsager malsager@mt-pleasant.org

Brian Assmann bassmann@mt-pleasant.org

Elizabeth Busch ebusch@mt-pleasant.org

Olivia Cyman ocyman@mt-pleasant.org

Maureen Eke meke@mt-pleasant.org

Amy Perschbacher aperschbacher@mt-pleasant.org

George Ronan gronan@mt-pleasant.org

Persons with disabilities needing assistance to participate may call the Human Resources office at (989) 779-5314. Persons requiring speech or hearing assistance may contact the City through the Michigan Relay Center at 711. A 48-hour advance notice is necessary for accommodation.

Residential Fire Extinguished

At 10:04 p.m. on Friday, January 28, 2022 the Mount Pleasant Fire Department responded to a house fire at 1512 W. Granger Street. Upon arrival, crews observed flames and smoke coming from the rear of the single story residence.

The home was occupied at the time of the fire, but all individuals were able to exit safely without injury. The fire was brought under control by 10:43 p.m. The structure sustained heavy smoke, heat and fire damage. The family who occupied the home has been provided food and shelter by the American Red Cross.

The fire remains under investigation. The Mt. Pleasant Fire Department was assisted by the Mt. Pleasant Police Department, Saginaw Chippewa Tribal Fire Department and Isabella County Central Dispatch. The fire remains under investigation.

Summary of Minutes of the regular meeting of the City Commission held January 24, 2022 at 7:00 p.m.

Item #29 “Waiver of Conflict” was added to the agenda.

Received petitions and communications.

Approved the following items on the Consent Calendar:

7) Minutes of the regular meeting of the City Commission held January 10, 2022.

8) Minutes of the closed session of the City Commission held January 10, 2022.

9) Resolution in support of final approval of TCO #2- 2022.

10) Resolution for final approval of TCO #3-2022.

11) Resolution for final approval of TCO #4-2022.

12) Resolution for final approval of TCO #5-2022.

13) Resolution authorizing MDOT Contract Number 21-5404 (maintenance of new sidewalk at US-127BR/Mission Street and Corporate Drive).

14) Resolution in support of a Redevelopment Liquor License for Pleasant City Coffee and Books.

15) Set special meeting of the City Commission for Wednesday, March 9, 2022 at 5:45 p.m.

16) Set special meeting of the City Commission for Monday, April 18, 2022 at 5:30 p.m.

17) MDOT Resolution contract amendment for Phase II of the Runway 9 Approach Slope Clearing Project and budget amendment.

18) Contract with Alpine Tree Service of Newaygo, MI for Phase II of the Runway 9 Approach Slope Clearing Project.

19) Mayor Perschbacher made appointments of City administrative officials to various boards and commissions.

20) Warrants and Payrolls.

Held a public hearing and adopted resolution #3 to proceed with improvements; and resolution #4 to accept the special assessment roll and set a public hearing for Monday, February 14, 2022 at 7:00 p.m. regarding said roll for Special Assessment District #1-22.

Authorized the purchase of 800 MHz (megahertz) radios from ProComm Inc; radio programming by MPSCS as well as approved a budget amendment for the project cost and Capital Improvement Fund Transfer.

Authorized a contract extension with The Mannick & Smith Group of Canton, MI to perform environmental consulting services at the former city landfill and budget amendment.

Approved airport staffing and fee changes and budget amendment.

Appointed City Commissioners to City standing and special committees.

Appointed City Commissioners to City boards and commissions.

Referred drive-thru stacking requirements to the Planning Commission for review and options.

Denied the Waiver of Conflict from Clark Hill.

Approved and conducted a closed session pursuant to subsection 8(h) of the Open Meetings Act to consider material exempt from discussion or disclosure by state or federal statute.

Adjourned the meeting at 8:25 p.m.

Youth Outdoor Exploration Program Launch Successful

The City of Mt. Pleasant’s Parks and Recreation Department recently partnered with Central Michigan University’s Recreation, Parks and Leisure Services Department (RPL) to form an exciting indoor rock-climbing class for area youth. The program, led by RPL Instructor Jordan Bruursema, and trained CMU student facilitators, is designed to build participant’s self-confidence and social skills through climbing, bouldering and other group activities. Attendees also learn about harnesses, knots and proper safety techniques to help them meet their rock-climbing goals.

The Youth Outdoor Exploration program offers rock climbing classes for kids 6-9 years old and 10-13 years old. Classes take place at the indoor climbing wall located in Finch Fieldhouse on CMU’s campus on Monday and Wednesdays, January 24 – February 23.

Initial sessions, which began in Fall 2021, have been met with great interest. The goal is to offer year-round programming not only on CMU’s campus, but in the City’s expansive park and river trail system where outdoor education and nature-based sessions will take place.

Spring sessions will be offered in mid-March. Follow the Mt. Pleasant Recreation Department on Facebook for registration information as it becomes available. www.mt-pleasant.org/recreation.

Free Tree Planting Program

The City of Mt. Pleasant plants a variety of trees in the city rights-of-way as part of the Urban Forestry Plan. Residential and commercial property owners are eligible for one free tree per year, to be planted in the right of way in front of their property. The Street Department will determine the best location for the tree. Once planted, the property owner is asked to water the tree, with additional watering encouraged during extended periods of hot, dry weather.

To receive a free tree and have it planted in the Spring, fill out a Tree Application and return it to the Division of Public Works at 320 W. Broadway Street, by March 1, 2022. Click here to view the Tree Brochure.

If individuals wish to plant their own tree in the right-of-way, a permit must be obtained from the Division of Public Works office. There is no charge for the permit. However, there is a limitation to the size and species of tree which can be planted in this area. For more information, please contact the Division of Public Works office at 989-779-5401.

Topics to Watch at the In-Person and Virtual Mt. Pleasant City Commission Meeting – January 24, 2022

Here are the topics to watch at the next in-person as well as virtual Mt. Pleasant City Commission meeting scheduled for Monday, January 24, 2022 at 7 p.m.

Consider resolution in support of final approval of Temporary Traffic Control Orders #2-2022; #3-2022; #4-2022; #5-2022.

Set two separate public hearings on the necessity of the public improvement; consider resolution #3 to proceed with improvements; consider resolution #4 to accept the special assessment roll and set a public hearing for February 14, 2022 regarding said roll for Special Assessment District #1-22 and #2-22.

Consider sole source contract with ProComm Inc. for the purchase of 800 MHz radios and a sole source contract with MPSCS Programming for the programming of the radios and budget amendment for the same.

Consider contract extension for professional environmental consulting services and ground water testing and budget amendment for the same.

To view the entire meeting packet visit:

http://www.mt-pleasant.org/docs/board/city.commission/agendas/2022/1-10-22.pdf

How to follow public meetings virtually:

Zoom Meeting instructions via computer, phone, or dial-in number are as follows:

https://us02web.zoom.us/j/83587458986?pwd=cWFLRGZDQnFHUlhwWE5Ub2R6Ylludz09

Meeting ID: 835 8745 8986

Passcode: 185861

Phone dial-in: (312) 626-6799

Audio and video will be muted for members of the public and then unmuted by the host during public comment periods.

To raise your hand for telephone dial-in participants, press *9.

Members of the public may be muted or removed if using abusive language or if they become disruptive to the meeting.

Virtual attendance to the meeting and participation during public comment periods will be conducted as follows:

Members of the public are asked to provide their name and address with any comments.
Comments/Questions may be sent ahead of the meeting, or during the meeting via email to comment@mt-pleasant.org. Comments sent via email will be read aloud to the Commission during the public comment period.

Individual commissioners can be contacted at the following email addresses:

Mary Alsager malsager@mt-pleasant.org

Brian Assmann bassmann@mt-pleasant.org

Elizabeth Busch ebusch@mt-pleasant.org

Olivia Cyman ocyman@mt-pleasant.org

Maureen Eke meke@mt-pleasant.org

Amy Perschbacher aperschbacher@mt-pleasant.org

George Ronan gronan@mt-pleasant.org

Right Way Auto Armed Robbery Suspect in Custody

On January 19, 2022 at approximately 9:55 a.m. officers from the Mt. Pleasant Police Department responded to an armed robbery at Right Way Auto, 1119 S. Mission Street.

Upon arrival, officers were informed that a male suspect brandished a gun and fled the scene in a vehicle stolen from the Right Way auto lot. Dealer employees were able to give a description of the suspect and stolen vehicle. The suspect was identified as a 20-year-old male from Mt. Pleasant by the vehicle he drove to the dealership and left at the scene. Mt. Pleasant Police detectives and officers issued a ‘be on the lookout’ for the suspect and vehicle to surrounding law enforcement agencies. A short time later, the Bay County Police Department located the suspect and placed him into custody without incident. The handgun seized by police was a BB gun. The suspect will be arraigned on January 20 in the Isabella County Court. This was an isolated and targeted incident. There is no risk to the public.

Anyone with further information regarding this incident are asked to contact the Mt. Pleasant Police Department’s Anonymous Tip Line at 989-779-9111 or Central Dispatch at 989-773-1000. This is an ongoing and open investigation.

The Mt. Pleasant Police Department was assisted by Isabella County Sheriff’s Department, Bay County Police Department, Bay County Central Dispatch, Michigan State Police and Isabella County Central Dispatch.

Know Your Neighbors. A message from Director of Public Safety Paul Lauria.

Being neighborly, is not only polite – but your front line of defense in emergencies.

Your neighbors, if they know you, will be the first to notice if something is not quite right.

To make sure your front line of defense is strong, get to know your neighbors.

Talk now, before a problem arises.

Dr. Martin Luther King Jr. Community Peace March and Vigil – Road Closures 1/17/22

The Dr. Martin Luther King Jr. Community Peace March and Vigil will take place from 3 – 5 p.m. on Monday, January 17, 2022. Periodic street closures will occur during this time.

The march begins on the campus of Central Michigan University with the route continuing on Washington, Bellows and Main Streets. The march will end at Town Center in Downtown Mt. Pleasant. All are welcome to take part in this event.

City offices are open on Monday, and there will be no delay in trash/recycling collection.