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Council hears emotional appeals in contested rezoning for Timber Wolf Estates; no immediate approval
Summary
A veteran and his wife asked the council to rezone their lot to allow a manufactured home; neighbors and the subdivision developer opposed the change citing deed restrictions and potential property-value impacts. Council did not advance the rezoning after debate and legal threats surfaced.
Michael and Donata Miller urged the Midland City Council to rezone their property so a manufactured home already placed there could remain, saying they relied on city staff and website guidance and spent their savings to move their family into the house. "I'm a 100% disabled veteran just trying to put a place out here for my family," Michael Miller said, describing the financial and personal strain the family faces.
Planning staff told the council the property is currently zoned AE (agricultural estate) and that manufactured homes are not permitted in AE districts under the current code; staff said planning and zoning recommended denial and noted the applicant's case triggered a super-majority threshold because of a 27.4% objection rate from nearby owners. Attorney Steve Posik, representing developer Robert Anderson, urged denial and said restrictive covenants were on file in Martin County and that allowing approval would damage the neighborhood's market values. "The solution is not to change the zoning," Posik told the council, and he said Anderson had filed suit in county court after the home was placed.
Councilmembers pressed staff and neighbors for clarification about whether restrictive covenants apply and whether the manufactured home was installed before or after the 2019 ordinance change; staff said the mobile home was placed on the lot in October of this year and that the ordinance prohibiting manufactured homes in AE districts has been in place since 2019. Several councilmembers expressed sympathy for the Millers and urged the parties to pursue an amicable solution outside council action, while also noting the city cannot substitute for a court's resolution of deed-restriction disputes.
The council did not approve the rezoning at this meeting; a motion to approve failed for lack of a second. Council members asked staff to keep them informed about any sidebar negotiations between the parties and encouraged both sides to explore private solutions or voluntary agreements that would preserve neighborhood protections while addressing the Millers' hardship.
Next steps: the lawsuit in Martin County remains the avenue for resolving deed-restriction claims; the council encouraged the parties to report any negotiated agreement back to the council for potential follow-up.
