VBT BZA postpones Belleville Yacht Club request for longer docks

At the end of a three-hour meeting on Jan. 10, the Van Buren Township Board of Zoning Appeals voted unanimously to postpone a decision on the Belleville Yacht Club’s request concerning construction of two docks three times longer than allowed by ordinance.
The township ordinance limits dock length to 40 feet into Belleville Lake, but the BYC already has extended its dock to 84 feet and is requesting a length not to exceed 120 feet.
The marina project already was on the agenda of the Jan. 11 planning commission meeting the next night and members of the BZA agreed that the BYC should get a decision from the commission first before it came to the BZA.
Dan Power, director of building and economic development, said the township had consulted its attorney who said it was not a requirement to go to the planning commission first, since the BYC is technically requesting an “exception, modification, or appeal” from the BZA.
The BZA held an 18-minute public hearing on the BYC request.
• A resident of West Huron River Drive said he has lived in the township for about 40 years. He said the BYC is a private entity, not to be used by the public and 120 feet is an awful long extension of its dock. He said the water is pretty rough in that area.
• Corey Gibson of East Huron River Drive said the BYC has no regard for rules or ordinances. He said the long docks would be a lake hazard. He said the BYC built its tiki bar without a permit or zoning. He said the lake travel area would be reduced to 525 feet in front of the BYC if their dock was extended because there has to be 100 feet of no-wake zone out from the dock and then another 100 feet of no-wake zone out from the north shore into the lake. He said the proposal was 140 feet years ago plus a 100 foot no-wake zone. “I’m not a fan of this request,” Gibson said.
• Barbara Rogalle Miller of Harmony Lane asked how many boats would be docked. She also said in the presentation it was stated “this is precedent setting” and then later, “this is unlikely to be replicated in the future.” Also, the presentation said this is a service to the community, but it’s for the BYC only and no women are allowed as members, so 50% of the community is not allowed. She said it was stated “reasonable use” by the community is allowed, and she asked how? Also, it was stated, drydocks or storage “will not occur,” and the words should be stronger to say “will not be permitted.” She also said the pages in the background information on the meeting were not numbered and they should be so people can keep them in order.
• Michele Montour of East Huron River Drive sent written correspondence, which Director Power read into the record. She said Belleville Lake is narrow, especially in this area, and longer docks would be a hazard to boaters, jet skiiers, and other people.
• Jeff Riggs pointed out in written comments a potential conflict of interest in this case. He said the 762 feet to the opposite shoreline does not take the no-wake zones into consideration. He said the drawing of the proposal was given to the township on Dec. 21 during the Christmas season when people are busy and aren’t keeping track of the township. He said the Wayne County Marine Patrol should be contacted for their opinion. Then, he spoke via Chat to give more comments. He said the 100 foot no-wake zones from the docks and from the north shore of the lake cuts the area in between to 522 feet. The longer docks would make a great increase in boat traffic and narrowing it down would make it worse. He said people were on vacation while this was being proposed and he is speaking from Key Largo. He said Van Buren Township Marine Patrol also should be contacted. He said ten different facilities on the lake are listed in the packet of information and if they all expanded as well, Belleville Lake would become a no-wake-zone lake. He pointed out a conflict of interest in that the wife of some official is active in the BYC. “They do lots of things for the community, but most of the time they are enjoying their facility,” Riggs said of the BYC.
After the public hearing closed, Director Power explained that BYC is asking for two docks at 120 feet each with four extensions on the sides of each dock, subject to approval by the state. He said they have relatively narrow frontage so they have to go farther out in the lake to get enough dock space. He said Sandy’s Marina has over 750 feet of frontage.
Power stressed that EGLE (Michigan Department of Environment, Great Lakes and Energy) and FERC (Federal Energy Regulatory Commission) need to agree.
He said just 700 parcels abut Belleville Lake and it is 1.4 mile to Sandy’s Marina. He said very few sites on the lake could be developed this way. He recommended granting the exception for the 120’ docks.
Applicant Scott Jones of the BYC said they got the property from the Moose in 2012 and they had a floating dock. In 2015, they had a site in the city of Belleville and put in a dock.
In 2020, they started putting in pilings at their property at 831 E. Huron River Dr., but they didn’t have a permit so they had a stop-work order from the township. There were some court hearings and the judge put the problem back in the laps of the BYC and the township to settle the dispute, he said.
Jones said they requested a permit from EGLE in 2021 and EGLE said to take it back to Van Buren Township first. He said EGLE did not like the T-docks they had proposed because they were using the neighbor’s lot lines. He said the current plans are based on the EGLE recommendation and is being resubmitted to Van Buren Township.
He said after the township, they have to take it to the next step at EGLE. Jones said they had planned for 24 docks and this new proposal is for 22 docks.
BZA member John Haase asked what was the different between a variance and an exception and Power said a variance is to the property forever and an exception was a grant for a use. He asked if it would set a precedent.
Vidya Krishnan, planning consultant from McKenna, said this is an exception for this property and other requests are handled on a case-by-case basis.
Jones said they now have 14 spaces and are going to 22. He said the BYC now has 300 members. He said if a member does not live on the lake, the club allows access for the boat overnight. He said there will be no maintenance and no fueling of boats at their docks.
Hasse said he had a concern for safety. If the docks are extended 120 feet, adequate lighting should be put on the docks so they can be seen.
BZA chairman John Herman said the BYC doesn’t want anyone hitting their docks.
“In my previous life, we used my pontoon for recoveries on the lake,” Herman said, noting that the sun reflects on the lake and sometimes boaters and skiiers can’t see.
Jones said there was no problem with the lighting. He said they are out 84 feet now.
Planning commission representative on the BZA Jeff Jahr asked about the current docks.
“We had a stop-work order and we removed the docks on the west side,” Jones said.
“One of my concerns is that this hasn’t come to the planning commission,” Jahr said of the dock project. “I don’t feel we’re doing it right. Trying to decide today before the other group meets. I was unaware there was a court case.
“The pilings are pretty far out there,” Jahr said. “One hundred twenty feet is pretty far out, three times farther than any other structure on the lake and I’m concerned about that.”
For safety sake he suggested no-wake buoys at the end of the dock. He said the BYC had legal non-conforming docks in 2020.
He said no “use” criteria has been presented yet because that was scheduled to be presented at the planning commission meeting the next night. He said more information is needed.
“Postponing a decision is a reasonable move,” Jahr said. “BYC is in a high traffic area. He compared the docks shown as exhibits in the BZA packet of information and said none of them go out 120 feet. He said the site plan and use would be presented the next night.
BZA vice chair Amos Grissett said it should go to the planning commission first.
Board of Trustees liaison to the BZA Trustee Kevin Martin said he agreed with Jahr and it is premature for this to be at the BZA now.
“Our decision is final. What happens after that doesn’t matter,” Trustee Martin said.
Haase asked if it wouldn’t be better to go to the planning commission first.
Director Power said the township went to its attorney and was told it is not a requirement for exceptions on Belleville Lake property. He said there was a court case, ordinance enforcement, and it was adjourned based on working with the township on a virtual path to approval. He said an ordinance amendment was reviewed. He said this issue is for a unique site and the staff found it unique. The general ordinance was not as viable as an exception, he said.
“Does the court retain jurisdiction over this case?” Herman asked.
Jones said if the problem couldn’t be resolved, the ticket would be reissued and it would go back to the judge. The judge never resolved the case.
Trustee Martin asked what was to happen at the planning commission the next day and Power said they could get the marina zoning and take it to the township board.
BZA member Aaron Sellers asked why they were redoing their docks.
Jones said there is heavy wave action from the DNR boat launch next door to the west and that knocks the floating docks around. He said the pilings absorb that and it doesn’t transfer to the surface.
“What do you want to do?” Martin asked Jones.
“If the 120 feet is not do-able tonight, if the planning commission makes a decision, if there is an alternative proposal…” Jones said.
Power said the BZA could postpone action for the planning commission to make a decision and then come back to the BZA.
Herman said he would recommend postposing.
Jones agreed: “Good advice, postpone.”
Krishnan said they can go up to 120 feet without another public hearing, since they already had a public hearing.
Martin asked if the BYC had looked at 100 feet.
Jones said they had. “We call ourselves the Yacht Club, but maybe it is a Pontoon club.”
Martin suggested the BYC get a more concrete plan for lights and safety.
The BZA voted unanimously to postpone the issue to an unspecified upcoming meeting.
In other action at the three-hour meeting, the BZA:
• Held a public hearing on a request from Menards to install an addition to an existing accessory canopy, which is attached to the principal building, to within 15 feet of the side lot line. The BZA denied the 10-foot variance requested. The vote was 5-1, with Sellers voting against the denial;
• Held a public hearing on a request from Meijer for a variance of 328.77 square feet to erect a wall sign of 628.77 square feet in size. Any action was postponed until the Meijer representative could consult with Power on a way to comply with the sign ordinance;
• Held election of officers for 2023 and chairman John Herman and vice-chairman Amos Grissett were unanimously re-elected; and
• Approved the calendar for 2023, which sets meetings on the second Tuesday of each month at 7 p.m. Grissett said that would put the next meeting on Feb. 14, which is Valentine’s Day and he would rather not have a meeting then. Power will look into other dates and alert everyone to the options. Feb. 13 was suggested.