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News from the Keweenaw Peninsula

December 11, 2001

Black Bear awaits DEQ septic permit

Return to Page 2: Grant Township residents voice more concerns

Page 3: Residents raise zoning question; Zoning Board of Appeals to consider issue 

At the Nov. 14 Grant Township Board meeting, Betty Snyder asked the township board if they were all aware that the Mt. Bohemia septic system is a commercial entity located on property zoned Resort Residential and whether they had communicated this to the county. 

Grant Township Board members, Randy Conroy and Barbara Foley at Nov. 14 board meeting

Grant Township Board Members listen to residents' concerns about the zoning of the Mt. Bohemia septic system during the Nov. 14, 2001, Board meeting. From left are Kelly Coltas, clerk; Karen Trucks, treasurer; Ken Korhorn, supervisor; Richard Powers and Gary Barker, trustees. Seated at far right are Randy Conroy, senior geologist for DEQ Waste Management in Marquette and Barbara Foley, Copper Harbor resident.

Grant Township Trustee Richard Powers said he did not think there was anything in the Keweenaw County Zoning Ordinance that covers that issue and he did not know whether this project would set a precedent leading to problems down the road.

Said South Shore President Tom Collins, "If we can't separate commercial and residential interests, then there's no sense in having zoning in the area."

Paul Campbell asked John Sullivan if he had any feelings on the zoning issue since his firm, UP Engineers and Architects, Inc., is involved in land use planning.

Sullivan said that in all the sewer systems the firm has done for Upper Peninsula communities (both commercial and municipal) they have never had to address zoning as an issue.

Black Bear President Lonie Glieberman

During the Nov. 14 Grant Township Board meeting, Black Bear President Lonie Glieberman listens to the discussion on the Part 31 Wastewater Discharge Exemption permit for the Mt. Bohemia septic system and residents' concerns about the system.

Glieberman addressed the local residents at the Nov. 14 meeting, saying, "I know a lot of you really want us to leave the community ... We really hope we all can work together."

The same zoning question was brought up at the Nov. 27 Keweenaw County Zoning and Planning Commission meeting.

Collins requested that this board at least consider this zoning a grey area open to interpretation by the Zoning Board of Appeals.

Grant Township Supervisor Ken Korhorn said he thought the Mt. Bohemia sewer system, because it is a commercial operation, should really be in Resort Services (RS) zoning.

"I'm concerned that there's perhaps a precedent in allowing an activity to spill into another zone," Korhorn said.

Chairman James Regis, who received a letter on the zoning concern from property owners in the vicinity of the Mt. Bohemia septic system, referred to the County Zoning Ordinance, General Provisions 2.3, Item 6: Private Sewer and Water. Regis said he felt this section covered the situation and the sewage system at the ski hill is a private system. While he did not feel this required a Special Use Permit, Regis said the Zoning Board of Appeals would have to consider the issue to make a clarification of his determination.

The Zoning Board of Appeals (ZBA), will meet at 7 p.m. on Jan. 3, 2002, at the Courthouse in Eagle River, to consider this question: "Are sewage systems which service a commercial enterprise an allowable  use in a Resort Residential Zone, and if so, would they be required to obtain a Special use Permit for operation of the facility?" The regular December meeting of the County Zoning and Planning Commission has been postponed to 7:30 p.m. on Jan. 3, 2002 (since that meeting otherwise would fall on Christmas Day, Dec. 25, 2001). It will follow the ZBA meeting. (See Notice of Public Hearing*)

Building permit issued for yurt restrooms 

Another concern of some residents and county officials is the fact that the Keweenaw County Building Inspector has already issued a building permit, dated Oct. 9, 2001, for one of the yurts at Mt. Bohemia, which is to be used for restrooms.

Mt. Bohemia yurts

The Keweenaw County Building Inspector has issued a building permit for one of the Mt. Bohemia yurts, to be used for restrooms. Some county residents and officials question whether yurts should be considered permanent structures. (November 2001 photo)

Jim Heikkila, recently appointed County Building Inspector, said he issued the permit for only one of the yurts, which is on a concrete slab. Heikkila said he based the permit on a Pump and Haul discharge permit which Black Bear had obtained from the Western Upper Peninsula Health Department for their temporary restrooms used during last year's ski season.

However, according to Health Department spokesperson Lynn Tarbutton, that permit, although renewed for the summer, expired on Sept. 15, 2001.

"We haven't renewed a Pump and Haul permit for Mt. Bohemia," Tarbutton said on Nov. 19.

Heikkila said he was not aware the Pump and Haul permit had expired.

At the Nov. 27 meeting of the Keweenaw County Zoning/Planning Commission, Chairman Jim Regis, who is a builder and familiar with building codes and regulations, said he was not sure how Heikkila could issue a building permit for a yurt.

"From everything I see a yurt is not a permanent structure," Regis said. "I think we ought to go to the state on that."

Regis mentioned he had received a letter saying a court in California turned down yurts as permanent structures. He added he planned to look into the Michigan code to find out more information on yurts.

Zoning Administrator Jane Pelto noted at the meeting that the yurts were given temporary permits, which have a two-year limit.

Pelto said on Dec. 10 that no one had yet brought the question of yurts as permanent structures to the Keweenaw County Construction Board.

The discussion on yurts is not mentioned in the minutes of the Nov. 27 Zoning/Planning Commission meeting.

Return to Page 2: Grant Township residents voice more concerns

Return to Page 1

Editor's Note: See Keweenaw Now's Nov. 13 article, "Black Bear constructs Mt. Bohemia septic system without DEQ permit."  The Part 31 and Part 303 regulations mentioned in this article are under the Natural Resources and Environmental Protection Act, 1994, PA 451 as amended (Act 451).

* See the Notice of Public Hearing for the Jan. 3, 2002, Zoning Board of Appeals meeting.

Visit the Keweenaw Now discussion forums to comment on this article.

Read the Dec. 5 Michigan Tech Lode article, "Tech Students Gear Up to Ski the Keweenaw" about coming Mt. Bohemia activities for skiers.


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