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A public hearing in front of the ZBA is set for 5 p.m., Tuesday, March 6. A group of citizens object to the planning commissionÕs approval on Dec. 18, 2006, stating the development is in violation of the cityÕs zoning ordinance.

Violations alleged include lack of requests for variances, and a failure to meet the recommendations of the cityÕs comprehensive plan and its waterfront master plan.

Resident Sue Hobbs is one of the citizens seeking a hearing. ÒThroughout the past 20 to 25 years, the citizens have let the city know they donÕt want a wall of condos on the waterfront,Ó Hobbs said. Despite that, Hobbs named several instances of development gone awry.

The homes built in designated open space between the Harborage and Tannery Park, and garages in the no build zone at East Main and Front streets, are two such instances.

The goal of the group of citizens is for One Water Street developers to follow the zoning ordinance, Hobbs said.

ÒI donÕt expect them (developers) not to build, but they should meet the requirements of the zoning ordinance,Ó she said. ÒThe zoning ordinance is based upon public input, yet it was ignored.Ó

< With respect to One Water Street developers failing to ask for variances from the zoning board, however, city planning director, Dan Reed, said the planning commission has the authority to waive that requirement.

A waiver was approved for height, for instance. Section 20.20 of the zoning ordinance restricts building height in the Waterfront District to 35-feet and two and a half stories. The waiver approved 45-feet and four stories.

But, the waiver option is meant to be used for the benefit of preserving waterfront view, Hobbs said.

Section 20.30 (e) of the zoning ordinance states that standards may be waived if it is determined necessary in order to preserve public views and scenic vistas.

The waiver was not issued for those reasons, but instead for allowing building height so high that it obstructs the view, Hobbs said.

Another violation asserted by the citizens group is the approval of multi-family units that are not allowed in the Waterfront Marina District. Single-family residential is allowed only over first floor commercial businesses, yet the One Water Street project is approved for two additional floors.

Reed defends the projectÕs approval.

ÒItÕs a very good example of the type of project we want downtown,Ó he said. ÒTheir (citizens group) interpretations are, frankly, wrong.Ó

That doesnÕt deter Hobbs and the others.

ÒLake Charlevoix and the waterfront is why people travel here and if you canÕt see it, they wonÕt come,Ó Hobbs said. ÒIf we close off Lake Charlevoix, we close off the economic and recreational benefits.Ó

Hobbs urges people to attend the March 6 meeting.