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KEWEENAW COUNTY
ZONING BOARD OF APPEALS
CLOSED EXECUTIVE SESSION
MINUTES
PUBLIC HEARING JULY 10, 2000
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Members Present:
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Members Absent:
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James Heikkila, Chairman
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Robert Yarger, Member
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Clyde Wescoat, Vice-chair
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James Regis, Member
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Fritz Longpre, Member
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Donna Jaaskelainen, County Prosecutor
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Jane J. Pelto, Zoning Administrator
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6:45 P.M.
Prosecutor: The referendum has been filed and you shou1d let the people vote on the RS. This should be put on hold, I have done some research and a ski hill would not be considered
low-intensity especially this one because of the size of the project and the lagoon system they will need to service it. By allowing ski hill as a permitted use, you're taking away the peoples' right to
vote. Marilyn has authorized the signatures on the petitions.
Zoning Administrator: Is it RS now or CD-EP until the referendum is finished?
Commissioner Heikkila: The Zoning Board, The County Board, and the State passed the zoning change. Wouldn't it be RS until the referendum is voted on?
Prosecutor: By filing the Notice of Intent, it stops the zoning change.
Commissioner Regis: There was the amendment listed as number 12 of Permitted Uses to allow ski resorts. Is this still valid?
Administrator: All the changes that were made are on the referendum.
Commissioner Longpre: What happens if the referendum fails?
Prosecutor: It then goes to RS as approved.
Commissioner Wescoat: Who makes the determination on the validity of the referendum?
Prosecutor: The County Board of Commissioners determines if the referendum is valid.
Zoning Administrator: What is considered low-intensity recreation?
Commissioner Wescoat: I was thinking about that on the way here. CD-EP considers golf courses low-intensity and golf courses use pesticides and chemicals. I would think ski hills are less intensive
than golf courses.
Commissioner Regis: Low-intensity is where you're not using mechanized equipment.
Commissioner Heikkila: What is low-intensity? Would we have allowed this use if the referendum wasn't filed?
Prosecutor: The CD-EP stands If it doesn't belong there, it belongs in RS. Crosswinds has made the determination. Why would you want the zoning changed to RS if low-intensity recreation allows ski hills?
Commissioner Heikkila: The issue could be tabled until we know the legality of the referendum or the result of the voters.
Commissioner Regis: Ski hill is not allowed in CD-EP.
Commissioner Heikkila: We'll put the issue on hold. No permits will be issued until the referendum issue is completed; either the legality is determined, or the vote is completed. If the referendum
doesn't pass, the zone will be RS and will allow ski hills. If the referendum passes, we'll have to re-visit the issue. Is there any further discussion?
7:15 P.M. Vote to go out of executive session.
James Heikkila, Chairman
Clyde Wescoat, Vice-chair
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County of Keweenaw
Clerk and Register of Deeds
HC1 Box 607 Eagle River, Michigan 49950
(906) 337-2229
MINUTES
KEWEENAW COUNTY BOARD OF COMMISSIONERS
"CLOSED SESSION"
July 11, 2000
The Keweenaw County Board of Commissioners went into closed
session July 11, 2000, 7:37 P.M., in regards to referendum petitions submitted to the County Clerk for amendment #KC-001-ROO to the Keweenaw County Zoning Ordinance.
At
the regular session of the Board, the County Clerk submitted these petitions to the Board with her approval as to the form of the petition and the required number of
signatures of registered voters. Mr. Ellias, attorney for Crosswinds, stated these petitions were not adequate, as there was no attachment to them (which the wording in the
petition stated there was an Exhibit A attached) which described the legal description of the land; he said it was the Clerkís responsibility not to approve them because there
was no attachment and the Board should not put it to a vote of the people because the signers did not know what was being rezoned.
The Board questioned the
responsibilities of the Clerk, as she stated she had no authority to determine the wording of the petition question.
The Prosecutor said the Clerk approved the petition
and the law states the Board SHALL submit it to the vote of the people, and that Mr. Ellias wants the Board to make a legal opinion and if the Board does not follow the
statute she would not have a leg to stand on for a lawsuit in court.
Turnquist said the people are saying the prosecutor has a conflict of interest. The prosecutor
responded she has remained neutral and people will say what they want.
The session closed at 7:53 P.M.
(signed)
Marilyn Winquist, Clerk
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