Construction has already begun on one lot, but residents near Dollar Bay and Shady Oaks Drive in Orion Township are hoping township officials will step in and enforce an ordinance that they say applies to the sale of two lots there that are non-conforming.
However, Orion Township Supervisor Jerry Dywasuk said the matter has been investigated, and the township has found no violations.
A group of residents addressed the township board of trustees about the issue at the July 18 board meeting.
Shady Oaks resident Kenneth Wilson told the board he did not believe the sale of the property followed the ordinance currently on the township books.
‘I feel that the developers of this property are intentionally circumventing the ordinance by building two homes on these lots,? he said.
Wilson said the lots in question; one 40 by 114 with an existing cottage built over 70 years ago, with the other adjacent lot 50 by 114 with no improvements, are contiguous and noncomforming.
He said the lots, which were under the same ownership prior to being sold, fall exactly under the circumstance addressed in a section of the zoning ordinance.
‘This property was recently sold to new ownership and in the process the purchaser was able to title each lot separately under different ownership, and is now in the process of acquiring a permit to build a new house on the 50-foot lot,? Wilson told the board.
‘This process will create two new homes on sub-standard lots, where the opportunity was available to combine the lots in conformance with the township ordinance,? he added.
Wilson said he understood the ordinance, regarding noncomforming contiguous lots under same ownership, to say that if two or more lots or combination of lots with contiguous frontage in single ownership, and if all or part of the lots do not meet the requirements established for lot width and area, the lots involved shall be considered to be an individual parcel.
He said the ordinance went on to say that no portion of said parcel shall be used, occupied or sold in a manner which diminishes compliance with lot width and area requirements.
‘When these properties were sold separately and titled to different individuals, the ordinance was violated,? said Wilson.
Wilson said digging for the foundation had already begun on one lot, with the dirt being piled on the other lot.
‘Illustrating the continued close association of current ownership,? he said. ‘Soon, concrete will be going in the ground and all opportunity to enforce this ordinance will be moot.?
‘The problem we have is, checking through our ordinance, the building official said there was nothing done illegally or wrong,? Dywasuk said.
‘What’s happened is, those two lots were purchased by two different people,? he said. ‘There’s a house on the 40-foot lot that they could rebuild, that’s grandfathered…With the 50-foot lot, there’s a special requirement for lots of that size, where they don’t need a variance.?
Dywasuk said that there are many homes along Lake Orion where there is ‘only a couple of feet between the houses.?
‘If the township restricted people from selling their homes, we’d be in even bigger trouble,? he added. ‘We check these complaints thoroughly, but we don’t want to overregulate.?
Dywasuk said that if the new owner decides to enlarge or rebuild the house existing on the 40-foot lot, they can, but if they require a zoning variance, a hearing would be required.
‘At that time, every lot holder within 300 feet of the property would be notified, and residents in the area would be able to voice their support or opposition on variances to the zoning board of appeals,? he said.
Another issue raised by a resident living in the same subdivision but not on the same street was one of safety.
That resident, who spoke to The Lake Orion Review, but asked not to be identified by name, said there was a large hole left on the 50-foot lot, that had filled with about four feet of water.
‘I am concerned about the danger of leaving a large, water-filled area unprotected, posing a danger to all the children in the area, three of whom live right across the street,’said the resident.
‘There is an environmental concern, the water from the drainage pump is draining across the front yard into the lake, and there is no building permit posted at the site.?
The same resident also had concerns about parking, and the impact adding another house in an already congested area could have on access for emergency vehicles.
‘There is already a severe parking problem on the street,? they said. ‘It’s a one-lane road, and people park all along one side. There has been inadequate parking for years.?
Dywasuk said that after the hole filled with water, the Oakland County Sheriff’s Department did come out and cord off the area.
‘Unfortunately, we can’t stop the rain,? he said of the water.