Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.
Discussion:
LHDA, MCL 399.201a(o), and Clarkston Ordinance 152.04, define an “open space” as undeveloped land, a naturally landscaped area, or a formal or man-made landscaped area that provides a connective link or a buffer between other resources. LHDA, MCL 399.201a(l), and Clarkston ordinance 152.04, define a “historic resource” as a publicly or privately owned building, structure, site, object, feature, or open space that is significant in the history, architecture, archaeology, engineering, or culture of this state or a community within this state, or of the United States.
This section of the Charter Proposal declares there are no open spaces left in the historic district for the HDC to regulate, other than Depot Park, because there are no open spaces that are significant in the history, architecture, archaeology, engineering, or culture of this state or a community within this state or of the United States except for Depot Park.
Notes:
Our city has almost completely been built up, so there are very few vacant areas in the city outside of Depot Park beyond a handful of privately owned, currently vacant lots. One of those lots is located at Waldon and Main. After a concept photo was published by a social media user (who was not the property owner), HDC commissioner Lisa Paterscak publicly (and falsely) stated that Section 16.8(e) would allow a developer to construct that building at Waldon and Main. Paterscak, HDC commissioner Melissa Luginski, and other “Charming” group supporters commented on the photo and suggested if people didn’t like the photo, then they should vote “no” on the Charter Proposal so the HDC can “protect” them from the building depicted in the photo. The comments were disturbing because they suggest that at least two commissioners are potentially giving a higher priority to their own personal tastes when they are acting in their official roles, rather than on applying the legal standards as objectively as is humanly possible.
Claiming that the Charter Proposal would allow any developer to build on the Waldon and Main lot without HDC review and approval is simply false. Placing a building on an empty lot means the lot is no longer empty and all city requirements must be met, including HDC approval of the construction if the building is within the historic district.
The “open spaces” section offers no benefits to developers. It was added to address the misconduct of former HDC chair Cara Catallo, coincidentally involving the Waldon and Main lot. After being ordered by the city to clean and clear the lot because people had been throwing trash there, Catallo obtained a stop work order to prevent the owners from complying with the city’s order to clean up the property. She had no authority to obtain a stop work order, and her actions resulted in significant legal expense to both the city and the property owner.
This section of the Charter Proposal would also protect the city and the taxpayers from the expense of “takings” lawsuits that could occur should the HDC simply declare that someone’s private, vacant lot must remain vacant because the commissioners have decided it makes the historic district look nicer, again based on their personal preferences.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)