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Planning commission tables Willis Acres setback dispute pending attorney interpretation
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Summary
Clarkstons Planning Commission tabled a ruling on whether accessory-building setbacks should be measured from the property line or the town-owned right-of-way after applicants and commissioners disagreed about how the code uses the term "street." The commission will seek the town attorneys formal interpretation before taking final action.
Braden Goody, chair of the Clarkston Planning Commission and city inspector, called the commissions discussion about a Willis Acres permit to the meetings attention and took public comment from applicant Russ Davis, who said the plot map he submitted showed discrepancies in how setbacks were being measured.
Davis told the commission he had "checked on my plot map that I sent you guys, and there's just so much changes" and asked the body to confirm the correct baseline for setbacks. Commissioners debated whether the codes repeated use of the word "street" means the paved surface, the town-owned right-of-way, or should instead be applied from the property line.
"You own your property and the setbacks go from your property line," Goody said, describing the interpretation he and several commissioners favored. Another commissioner pointed out that the code language in Title 10 and section 10-7A uses the term "street" and recommended the commission follow the code language or obtain a legal interpretation.
Commissioners noted practical problems if the term "street" is taken to mean the paved roadway: non-centered streets and wide rights-of-way could put legally permitted accessory structures into town-owned right-of-way. Austin Powell explained the concern with a sample 99-foot right-of-way and said the town must avoid scenarios where structures could later be declared illegally placed and require removal.
Given the differing readings, Powell moved to table the Willis Acres setback determination until the town attorney provides an interpretation; a fellow commissioner seconded the motion and the commission voted to table the item. The motion to table was presented as a temporary procedural hold while staff seeks formal legal guidance.
The commission told the applicant they would contact the town attorney and return with the attorneys direction; commissioners also suggested the applicant could appeal to the town council if the attorneys opinion did not resolve his concern.
Next steps: the commission will ask the town attorney to interpret the codes use of "street" vs. "property line" and will resume consideration of the Willis Acres permit when that guidance is available.