It isn’t often when a township board overturns or sends back a recommendation to a planning commission, but that prospect is very real in Dorr Township.
The Township Board Thursday night decided to send to its attorney a rezoning request from Tyler Wustman, 1538 144th Ave., who is asking for a rezoning of his 2.59-acre parcel from agricultural to B-1 residential so he can split it in two and sell one of them. The Planning Commission last week recommended the rezoning on a contentious 4-3 vote.
Residents nearby Wustman’s property voiced strong objections to his plan, maintaining it eventually would result in a slew of residential properties springing up along 144th Avenue, which only recently receiving a paving job.
Neighbors David and Linda Dumond, who appeared Aug. 21 before the Planning Commission, said they have owned their property for 28 years as farmland and Wustman’s rezoning approval would be the first of many dominoes that would fall to residential development in the area.
Dave Dumond told the board if the rezoning request is approved, he and a couple of his neighbors seriously would consider asking for similar rezoning and then selling them before leaving the area.
“If he does it (sells half his property), I’ve got to go with the flow,” Dunond said.
His wife added, “You are probably running a lot of farms out of business.”
Randy Williams, another nearby landowner, said, “You can’t stop somebody else from changing to B-1… we are concerned about (residential) density.”
Megan Fish asserted, “144th Avenue has been getting a lot of attention lately… there’s even talk about putting in a wedding barn.”
One very vocal resident opined, “Let’s just keep this property and the area as they are,” saying he moved from Kentwood to get away from city living and wants to preserve Dorr’s rural character.
Some of the critics, including Planning Commissioner and Township Board Trustee Terri Rios, insisted Wustman’s request amounted to spot zoning, which is illegal.
But Dan Beute, another member of the Planning Commission, said, “I think we did dispel the notion that it was spot zoning, according to information presented.” He added that Eric Thompson of Professional Code Inspections agreed.
Noting that the request is compatible with the township’s master plan from 2007, Beute added, “I don’t see how we can stop it if it’s not spot zoning.”
Wustman called out Rios, saying, “I don’t think you are giving a fair representation of what happened that night (at the Planning Commission meeting). The Planning Commission voted yes (4-3).”
But Mrs. Dumond charged, “He (Wustman) bought that property knowing full well it was agricutural.”
Board Treasurer Jim Martin countered that the parcel is not big enough to be effectively farmed.
Finally, Clerk Debbie Sewers proposed the Township Board refer the issue to its attorney, suggesting, “There may be a lawsuit. Maybe we should first call our attroney and get some advice.”
Supervisor Jeff Miling said next month some kind of decision will be made, whether it be approval, rejection, or referring the matter back to the Planning Commission for further review.
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