Resident Sue Keiser discussed the land she owns at Timber Ridge in Boyne City. She was one of a number of residents who voiced concerns about a rezoning for the location of a funeral home. City commissioners tabled a decision on the matter at the Feb. 27 meeting and are expected to revisit the issue on March 27 at 7 p.m. Photo by B.J. Hetler

City commissioners heard from a number of residents on Tuesday, Feb. 27, that they tabled decision on whether to allow the funeral home business to move into the residential area.

The matter will be taken up again at a city commission meeting at 7 p.m., Tuesday, March 27, at City Hall. A decision could come at that meeting.

Commissioners agreed they needed more time to gather additional information on the "contract rezoning" law that went into effect in January 2005.

Contract rezoning (Public Act 579) allows a city or village to enter into an agreement with a landowner to rezone land for a specified, particular use. If the land ceases to be used in the manner specified, it returns to the original zoning.

Stone Funeral Home, owner of Stackus Funeral Home, seeks to relocate to the Timber Ridge area from its present location on Elm Street.

Timber Ridge resident Tom Johnson said 10 years ago he and his family settled in the area that is zoned "rural estate district," and expected it to remain residential.

"I want this commission to uphold its zoning ordinance," Johnson said. His words were echoed by neighbor, Joan Forreider.

"We worked for years on the (city's) master plan and we should use it,Ó"Forreider said. "We would like to keep our residential, residential and keep commercial out."

Resident Sue Keiser voiced concerns about property values. Ò"It took us about three years to find the property we wanted. I have hundreds of thousands of dollars into our property. Please give us the opportunity to remain residential," Keiser said.

Funeral home owner David Lintz, said that contract rezoning was brought up to him by the city.

"The city suggested that we explore conditional (contract) zoning," Lintz said. "It was not our idea."

Stone Funeral Home referred to the contract zoning as the cityÕs "new pilot Contract Zoning," in a letter to the planning commission. The letter was undated, but marked "01-26-07 RCVD."

But, Lintz said the Timber Ridge area meets their needs and is aesthetically desirable.

ÒI don't understand why a funeral home doesnÕt fit in a rural estate district," Lintz said. "We feel that we contribute to the city's tax base. Other businesses are enhanced because of our business. We prefer to remain on the cityÕs tax base, but we donÕt have to stay within the city."

The present location is within a residential area. A letter from an Elm Street resident, Helen Behm, was received by the city planning commission. The letter stated she had experienced no problems with parking, traffic or noise from the business.

Mayor Stackus made a statement at the beginning of the meeting, in light of the fact that she and her husband, Jim, formerly owned Stackus Funeral Home.

"Neither I, nor my husband, Jim, have any financial interest whatsoever in Stackus Funeral Home," she said.

City manager Michael Cain, said he had checked with the city attorney who determined that Mayor Stackus was eligible to vote on the issue. But, Edward Engstrom, an attorney present on behalf of resident Joan Forreider wasnÕt so sure. He said he sees a conflict and was letting the commissioners know. Engstrom also cautioned against using the contract rezoning law.

"You are spot zoning and I will advise my client to appeal," he said. Residents listed other concerns, such as damage to wetlands, a lack of an adequate parking area and traffic safety.

Mayor Stackus agreed to tabling a decision on the rezoning, but said she would likely vote to approve it.

"I do believe it will work," she said. "I think there are many people who are misinformed when it comes to funeral homes." In making the decision to table the issue commissioners made several points.

Commissioner Dan Adkison is also a member of the planning commission. The rezoning issue was before the commission in February. Planners in a 5-4 vote recommended denial of rezoning to the city commission.

"On the planning commission, I did vote to approve the rezoning," Adkison said. "Being here today IÕm hearing a lot of negatives and I understand as a homeowner. I heard the comment on sprawling and we want to try to control sprawl as much as possible."

Commissioner Ron Grunch was not in favor of rezoning. "I live close to this neighborhood in question," he said. "There's something wrong with this picture. One thing that really bothers me is the safety issue with traffic. The shoulder is narrow there and the land drops off which is why itÕs narrow. I support the planning commission's decision to deny. This seems like a back door approach."

Commissioner Chuck VondraÕs concern was the contract rezoning law. "I spoke with several people over the last few days," he said. "I don't know the intent of contract zoning. I think if itÕs a tool, it's a tool that needs to be used carefully. There are a lot of things IÕd like answers to."