Tyler Wustman’s request for rezoning to split his 2.59-acre lot at 1538 144th Ave. was denied Thursday night by the Dorr Township Board.
The board’s 4-3 decision reversed a 4-3 recommendation from the Planning Commission last month.
Wustman told township officials he wanted to split his property for his own house on site and the ability to sell on the other. Such a move is forbidden under his currently zoned agricultural property, so he was encouraged by Professional Code Inspections to ask to have his land rezoned to B-1 commercial, which permits splitting and residences.
But the Township Board did not agree.
The biggest hurdles were comments in opposition from neighbors and fears that the move would enable other property owners in the area to permit duplexes and higher density residential.
Randy Williamson, in a letter to the Township Board, said, “Many of the neighbors who will be impacted are not in favor rezoning… we believe it will be incompatible with the area… and will cause a domino effect.”
A woman known only as Linda in the audience Thursday evening said, “Most residents like the rural and agricultural character of this area,” a comment echoed by Ryan Cleaves.
Wustman, in explaining why township officials should approve the rezoning, insisted the request was in compliance with the township’s master plan and promised he had absolutely no intention of allowing any duplexes or higher density housing.
“Please don’t lump me in with with huge developers,” he wrote in a letter. “There is not a farm within a mile of my proposed house.”
Township Trustee and Planning Commissioner Terri Rios, who led the charge against the request, added she suspects the change could be viewed as creating spot zoning.
Rios produced an opinion from the township’s attorney, who maintained that, “A rezoning should generally not occur to accommodate the request of a property owner who wants to split his lot.”
When asked about spot zoning, she said of the attorney, “He doesn’t really say yes or no, but every rezoning request should stand on its own merit.”
Treasurer Jim Martin led the opposite side of the issue, noting that on a six-point checklist, four pointed toward approval, with the other two issues up in the air.
“His property is broken off of Woodside Meadows (condo project) and the master plan clearly shows it to be B-1.”
But Rios contended the master plan is only policy and the local zoning ordinance is law.
Rios, John Tuinstra, Clerk Debbie Sewers and Supervisor Jeff Miling voted to deny the request. Voting in favor were Martin and trustees Dan Weber and Josh Otto.
In other business at Thursday night’s meeting, the Township Board:
• Were given the Road Committee’s list of road projects for the next two years. Planned for 2019 are reconstruction of 22nd Street north of 142nd Avenue and paving subdivision roads at 143rd Avenue, 17th Street, Janet, Joan, Century Drives and Prairie Court. Plans for 2020 include paving 22nd Street, and two miles of 24th Street south of 142nd Avenue.
• Approved the recommendation of Fire Chief Gary Fordham to hire volunteer on-call firefighter Dan First, who is coming to Dorr after serving at Wyoming.
• Adopted an ordinance change to permit rezoning of 500 feet or property on the historic Frank Family Farm, restoring it to agricultural from commercial.
• Heard Allegan County Sheriff’s Deputy Bernard Austof report that a recent traffic survey on 144th Avenue, which only recently was paved, showed about 85 percent of more than 9,000 vehicles averaged 57 miles per hour.
• Learned from Fordham that the local fire department remains busy, with 118 calls calls through August, as compared to 107 the same time last year.