The Hopkins community learned Monday night how much trouble two digits can cause at a meeting of the Zoning Board of Appeals.
The seemingly simple error caused postponement of North Star Energy’s request for a variance in its plans for solar panels. However, the number “03” was mistakenly added to the parcel number (10-030-011-00) in the notifications the township published before the meeting.
State law insists this typo needs to be corrected and republished before the application could be considered.
Allegan Solar was seeking variances to build closer than 300 feet from a non-associated dwelling. The solar company also wants to be closer than 100 feet from a 100-year floodplain, and a wetland.
In the application, North Star Energy Allegan Solar argues that allowing the solar project to be closer than the 300 feet setback of the non-associated dwelling will preserve the property rights of the participating property owners, as well as the rights of the non-participating property, should they want to contract with Allegan Solar in the future.
Furthermore, Allegan Solar maintained that encroaching on the flood plain and wetland is necessary to fulfill the township’s goal of preserving prime farm land.
Professional Code Inspectors (PCI) also did a review of the variance application and stated that the state also requires a 300 feet setback for a non-participating parcel. This means that even if the township approves the variance, Allegan Solar would still need to get a variance from the Michigan Public Service Commission.
However, PCI also noted that the state has no setback requirements for flood plains or wetlands.
With the formal review on hold, the board opened the meeting up for public comment. One of the first comments was a question about the drain commissioner reviewing the variances. The board explained that even if the township approved the variances for the flood plain and wetland, the drain commissioner has the authority to deny it.
Other comments focused on revenue from the state for the solar project, the environmental impact of the project, and the township’s desire to preserve the farm lands.
Township attorney Seth Koches, of Bauckham, Thall, Seeber, Kaufman & Koches P.C., addressed several concerns but noted that many questions cannot be answered yet. Koches stated, “We don’t have an application,”Koches said, for the special land use. Allegan Solar wanted to get the zoning variances first, before requesting the special land use.
The Hopkins Township Clerk will publish the corrected notice, and the ZBA is scheduled to meet Monday, March 23, to consider the variance application.
The number in question was 10-030-005-00 .(not owned by the applicant) It should have been 10-031-005-00. (Collier Farm Properties)