A Zoning Board of Appeals properly approved a township’s grant of special use to a country club despite homeowners’ arguments about compliance with zoning ordinances, a Michigan Court of Appeals panel has held.
The homeowners, whose property abuts the country club’s golf course, said the club’s plans for a new maintenance building did not comply with accessory building zoning ordinances, and its submittal did not comply with special land use request zoning requirements.
The panel disagreed, saying the circuit court correctly held that the proposed facility was an “accessory use.”
“We deem a maintenance facility as being related to a clubhouse in that it is not part of the land upon which golf is played but it is important to the course’s operations,” the judges said. “Indeed, one could argue that the maintenance facility is more important than a clubhouse because golf cannot be played on a course that is not maintained.”
The unpublished decision is Posa v. Charter Twp. of Northville (MiLW 08-107942, 12 pages). Judges Colleen A. O’Brien, Christopher M. Murray and Allie Greenleaf Maldonado sat on the panel.
Cindy R. Victor of The Victor Firm in Southfield represented the plaintiffs, while Ernest J. Essad of Birmingham’s Williams, Williams, Rattner & Plunkett, represented the city in the dispute. Neither could be reached for comment.
Maintenance building
The plaintiffs Alfred and Mary Lou Posa, Tanya Pado and Ronald and Linda Malec live in three homes on Wintergreen Circle in Northville. Meadowbrook Country Club’s, or MCC, golf course abuts the properties along Wintergreen Circle.
MCC bought a fourth residential lot on the street and subsequently proposed constructing a new maintenance building for its golf course on the property and adjacent land it owned. The MCC properties are in an R-1 Township zoning district , for single-family residential use.
MCC applied for a special land use approval to build the new maintenance facility at the far west end of its property, part of which is on the former Wintergreen Circle residential property.
After considering the application at a public hearing, Northville Township’s Planning Commission unanimously decided to postpone the action. Seven months later, MCC’s application for special land use as well as a revised site plan were considered by the planning commission. Despite changes, the plaintiffs continued to oppose the plan.
The planning commission voted to approve the final site plan, subject to conditions involving lighting, parking and landscaping. At its next meeting, the commission unanimously approved the plan after finding that MCC’s revisions addressed the conditions.
The plaintiffs appealed to the ZBA, saying the commission’s approval of the special land use was arbitrary and capricious, and based on flawed findings of fact. The ZBA unanimously denied the plaintiffs’ appeal and said they weren’t aggrieved parties.
The plaintiffs then appealed to the Wayne County Circuit Court. MCC’s motion to intervene was granted by the trial court.
The plaintiffs contended they were aggrieved parties pursuant to Saugatuck Dunes Coastal Alliance v. Saugatuck Twp . The circuit court disagreed and found that plaintiffs could not challenge the ZBA’s decision.
The plaintiffs appealed.
Aggrieved party
The panel, citing Saugatuck Dunes Coastal Alliance , agreed with the plaintiffs that they were aggrieved parties.
“Because plaintiffs cited increased noise, particularly early morning noise, from the tractor-trailers and maintenance equipment as likely burdens and presented evidence to support that this noise would be brought closer to their homes by the construction of the maintenance building adjacent to their small neighborhood, these concerns are not ‘mere generalizations,’ which cannot constitute special damage,” the judges explained. “As our Supreme Court stated, courts should avoid overzealously concluding allegations are mere generalizations, and ‘[a] party who can present some evidence of disproportionate burdens likely will have standing to appeal under MCL 125.3605 and MCL 125.3606 .’”
Accessory building
The plaintiffs argued that the trial court’s analysis of the proposed maintenance facility as an “accessory use” as used in the township’s definition of “golf course” was erroneous.
But the panel rejected the plaintiffs’ assertion that the proposed facility was an “accessory building” subject to additional zoning requirements.
“The use of the proposed facility is the maintenance of the golf course, and given the definition of ‘incidental,’ we disagree with plaintiffs’ contention that maintenance is incidental to the operation of a golf course,” the judges noted. “Rather, we agree with the circuit court that this proposed facility is an ‘accessory use.’”
In fact, a golf course is defined in Northville Code of Ordinances, 170-44.1 as “A public or private area consisting of fairways, greens and rough that may include a clubhouse and related accessory uses , provided that all structures and activities shall be an integral part of the golf course. Further, all clubhouses, restaurants, pro-shop facilities, etc., shall be secondary in nature to the golf course and may not be continued if the principal golf course activity shall cease or become the minor activity of the facility.” [Emphasis added.]
The panel also said the plaintiffs’ reading of Northville Code of Ordinances, 170-25.2(s) “the only accessory use that is allowed [for golf courses and country clubs] is a driving range” was inaccurate.
“The ordinance specifies that a driving range is an accessory use, but nothing in the language suggests that this is the only accessory use,” the judges wrote. “Moreover, the language of 170-44.1, referring to clubhouses and ‘related accessory uses’ suggests that a clubhouse is an accessory use.
Thus, the judges said the circuit court correctly analyzed the maintenance facility as an accessory use rather than an accessory building.
If you would like to comment on this story, contact Cory Linsner at clinsner@milawyersweekly.com .
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