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Council adopts zoning amendment and vacates two recent board appointments
Summary
Clawson council approved Ordinance 795 to align Zoning Board of Appeals voting with state law and voted to vacate two appointments that improperly extended unexpired terms; other appointments to fill actual vacancies remain in place until replacements are named.
Clawson City Council on Tuesday adopted Ordinance No. 795 to bring the city—s zoning board of appeals rules into line with the Michigan Zoning Enabling Act and also voted to vacate two appointments that had extended unexpired board terms beyond their original expiration dates.
The ordinance amends Chapter 34 to change the zoning board—s required vote from a fixed number to a majority, resolving an error identified after a prior second reading. Planning staff explained that the city—s ordinance previously required four votes while state law requires a majority; the council approved the corrected second reading and adoption.
Separately, council members reviewed appointments made at a Nov. 13 special meeting and debated which seats were valid. The city attorney and clerk explained that appointments to unexpired terms without an actual vacancy may be void. After discussion, the council moved to vacate two of the unexpired-term appointments that would have extended beyond their original end dates; the two individuals will remain in their roles only until the original term expiration.
A city clerk clarification: two additional appointments made on Nov. 13 were to actual vacancies and therefore remain valid for the remainder of those terms.
Vote details: The zoning ordinance amendment passed on roll call after clarification of the corrected text. The motion to vacate unexpired appointments passed for the two seats identified as having improper extensions; councilors discussed that the people who fill vacancies legally serve only until the original term—s end date.
What happens next: The clerk will proceed to post vacancies as terms expire and accept applications; two seats identified as vacated will be re-opened for proper appointment.
