It shouldn't be any surprise, but here's the truth This new Mt. Bohemia Ski Area sign near the intersection of US 41 and the Lac La Belle Road aroused residents’Äô curiosity when it appeared this week. Zoning questions on whether a ski resort and its related uses can be built in the Lac La Belle area could be answered by the Nov. 7 referendum or a meeting of the Zoning Board of Appeals scheduled for Nov. 9. (Photo courtesy Janet Shea) By Janet Shea for Keweenaw Today 11/3/00 EAGLE RIVER ’Äì The Keweenaw County Zoning Board of Appeals (ZBA) is scheduled to meet on Thursday, Nov. 9, 2000 ’Äì two days after the election ’Äì to interpret what is allowed in Conservation District-Environmental Protection (CD-EP) zoning. Since the County Zoning Ordinance allows low-intensity recreation in CD-EP, the ZBA members intend to determine whether a ski resort is considered low intensity. In a conversation Friday, Nov. 3, in the County Courthouse in Eagle River, Jane Pelto, county zoning administrator, confirmed the following: The ZBA is not just deciding on a ski hill, they are deciding on a ski resort and related uses ’Äì a resort that could include anything from conference centers to gas stations, restaurants and condos, depending on the interpretation the ZBA gives to CD-EP zoning. What we thought was just the camel’Äôs head in the tent now turns out to be the whole camel! This means a ZBA vote to allow a ski resort in CD-EP would allow almost anything to be built there, regardless of the outcome of the vote on Proposal B. This also means that 70 percent of Keweenaw County that is currently zoned CD-EP would be affected by the ZBA’Äôs decision. Should they decide to allow a ski resort in CD-EP zoning, they would be making 70 percent of our county vulnerable to resort development ’Äì Hunters Point, Keweenaw Point, Schlatter Lake ’Äì or your backyard. Property zoned CD-EP, the designation to give environmental protection, would permit development like that now allowed in Resort Service (RS) zoning. CD-EP would then be less restrictive than Resort Residential zoning. Such a decision would negate any conservation/environmental protection that the intent of the present ordinance gives. We are no better off with ski resorts and related uses being added as a "permitted" use to RS zoning (which a "yes" vote on Proposal B would allow). That, too, would affect development in the whole county wherever RS zoning designations appear, now or in the future. The zoning board isn’Äôt even required to hold public hearings; they would just issue the permit. At least under "special" uses, public hearings would be held so we could voice our concerns. By giving Crosswinds/Black Bear (the developers of the proposed Mt. Bohemia ski resort) a zoning change to RS, we make it easier for the next developer requesting a zoning change to get the same consideration by using Crosswinds’Äô change as an example of past practice by the County. It’Äôs called "precedent." A builder could claim we are violating his equal protection under the law if he is refused the change to RS. This would, in effect, gut our zoning laws while opening the floodgates to "growth-at-any-cost" development projects ’Äì and the voice of the people does not have to be heard. What is worse, members of the ZBA may not be seeking any testimony or opinions other than Webster’Äôs Dictionary to come up with their CD-EP definition, even though directed by Judge Hood to get expert testimony on what constitutes "low-intensity recreation." (Yes, the judge’Äôs order is on appeal, but that doesn’Äôt lessen the importance of his directive.) For example, ZBA member Jim Regis was quoted by The Daily Mining Gazette as saying, "Basically what I see is (that) it's going to come down to our decision on what we feel about it ’ĶWe could listen to every expert in the world and no two in the world are going to be alike ’Ķ Even if you get all these guys with three letters in front of their names, they're going to disagree." Donna Jaaskelainen, county prosecuting attorney, has asked for an opinion from the Michigan Attorney General’Äôs office on whether a conflict of interest is present on Keweenaw County’Äôs Zoning Board of Appeals. In view of this concern and in view of the controversy surrounding this important issue, it is unbelieveable that the ZBA would be so irresponsible as to ignore expert counsel that could dispel any hint of wrongdoing. What can we do to detour this destructive path that Keweenaw County is traveling? First, vote NO on Proposal B. A No vote doesn’Äôt mean there won’Äôt be a ski hill at Mt. Bohemia. Whether legally permitted or not, it’Äôs there. If any further development, either in RS or CD-EP, is allowed in "permitted" uses, we relinquish control of the County’Äôs destiny to outside forces, since no further public hearings are necessary to build lodges, lifts, storage and maintenance buildings, restaurants, and related uses ’Äì which could be just about anything if a "need" is shown. Secondly, participate in the process of putting a comprehensive land use plan and strong zoning laws in place. It will take very little of your time compared to the rewards it will bring to all of us over the long-term. We envision requests for rezoning increasing drastically over the next few years as International Paper sells off big chunks of Keweenaw County. The major concern is this: How are the residents of Keweenaw County going to maintain some control over our zoning laws? Zoning issues are going to be much more important to us from now on, since we will be dealing with many owners rather than one major owner of the lands surrounding our communities. If we hope to preserve even a small portion of this land for public uses that we’Äôve enjoyed for so many years ’Äì fishing, hunting, snowmobiling, cross-country skiing, hiking, biking, berrypicking ’Äì then we must work diligently to complete the land use plan in the next few years. We need to protect our right to have a say in how our community character is changed or preserved into the future. We oppose developers who arrogantly interpret our zoning law for us, as Crosswinds/Black Bear has done, and who proceed with projects that have not been properly permitted by the County Zoning Board and the zoning ordinance. If we don’Äôt do what is required of us, we will continue to fight legal battles rather than being able to hand a developer our zoning laws/land use plan and say, "Here’Äôs the rule book. We welcome your development with open arms as long as you are willing to work with us to change and develop our communities into what WE want, not what YOU are going to give us." Editor’Äôs note: Keweenaw Today columnist Janet Shea is a resident of Eagle Harbor Township and a Copper Harbor business owner. She is also a member of the Advisory Committee formed by Black Bear President Lonie Glieberman for the stated purpose of community involvement in his company’Äôs development plans for Mt. Bohemia. Click here for Sandra Britton’Äôs report on the first (September) Advisory Committee meeting. Janet Shea’Äôs report on the second meeting is forthcoming.