proposed development in Urban Renewal Project

Asked March 21, 2014, 7:59 AM EDT

A public hearing by the Board of Zoning Appeals was for a parcel of land City acquired via Public Act 344. It was established at the public BZA hearing that the Urban Renewal Project Citizens' District Council was not notified nor was a public school less that fifty feet from the proposed development. A sign denoting the upcoming hearing was not posted on the parcel. The legal consul to the BZA said the hearing could still proceed as notification of the CDC was NOT necessary. Normal procedure in the past was to adjourn hearings when it was established that there was an improper mailing, especially when the CDC was not contacted. Legal consul stated that only an appeal to the Circuit Court can redress the action of the BZA (even improper notification.) Such an appeal places a financial cost to the aggrieved parties that were not notified. It seems to me that the improper mailing was an administrative error and is unrelated to the Circuit Court appealable decision rendered by the BZA and that the City Council has a responsibility to monitor and to ensure that the BZA staff serve proper notification. Cannot the aggrieved (non-notified parties ask City Council to admonish the BZA staff and require a new hearing with proper notification?

Wayne County Michigan

1 Response

It appears that the requirement to place notification at the site is a requirement as a part of the establishment and management of CDCs. It is not a requirement as a part of the notification process for BZAs. Your best course is to request that the local council take action to address the notification issue.