The Becker Township Board met Monday evening and spent considerable time reviewing a pair of complex issues. The first involved a unique zoning situation, whereas the second issue is a continuation of a yearslong roadway dispute between neighbors in the Enchanted Thicket development.
Zoning Quandry
Resident Zac Johnson appeared before the board seeking guidance on what steps he needs to take to build a single family dwelling on 150 acres of his family’s property that is currently land locked. The property, in the Highland Acres area, was originally part of a larger parcel that was reduced when a bank took possession of a 40 acre chunk that abuts the public roadway.
This created the current situation where Johnson owns the land behind the 40 acre parcel and has an easement to be able to access the property. However, there was some confusion as to whether or not this easement could serve as the driveway as it had never been recorded with the township.
It was determined that the township cannot require private easements to be maintained and this can create a safety hazard since no one is actually responsible for maintaining the roadway.
To rectify the situation, Johnson was proposing to either purchase a parcel of land from his neighbor along the easement in order to locate his driveway or perhaps secure a variance to the driveway width regulations.
Planning staff member Ben Wikstrom and township attorney Kelli Bourgeois each held separate beliefs as to the best manner in which to proceed.
At issue was the difference in zoning ordinances versus the subdivision regulations that govern this situation.
Supervisor Luke Babler questioned the entire issue, as he was unhappy with the way he perceived the township’s rules restricting the lawful use of the land by the owner.
“Because we have an ordinance on the books and now we don’t allow him to use it [the property] to the fullest,” said Babler. “We are requiring homeowners to spend more money to use their property.”
Bourgeois commented that she didn’t necessarily disagree with Babler, but the zoning rules as written needed to be followed.
“The ordinance hasn’t changed since the easement was established,” said Bourgeois.
Also playing into the situation is Johnson’s desire to obtain a building permit to construct a pole barn yet this fall and then his home next spring.
Chair Brian Kolbinger tried to bring about a resolution to the question by wondering how to move forward.
“Do we have a workable solution for this specific property?” he asked. “What are the next steps forward?”
Bourgeois and Wikstrom agreed that there are possible solutions and they would meet after the meeting to settle upon the best course of action for Johnson. This would allow him to submit the necessary paperwork to have his request on the agenda in November for the joint planning board, as that is the entity with the decision making power in this case.
Roadway Dispute
Ted and Joanna Myers next addressed the board as to the continuing saga regarding roadway use within the Enchanted Thicket development. The Myers and the Vogel family have had disagreements in the past about mailbox locations, garbage can placements and the overall usage of the public roadway.
Ted Myers owns and operates a semi truck and uses the roadway when he backs his rig into his driveway at the end of the day. The issue seems to be escalating as the Vogels are now asserting in a letter to the township that if they ever sell their home, they would need to disclose that the “roadway is reserved to the industrial trucking business from across the street.”
The letter further states: “the new parking ordinance language is written in a vague way that gives Ted Myers the exclusive daily use of the public ROW, in front of our home, to the east side of our driveway on 96th Street.”
The Vogels also claim that the Myers’ recent correspondence with the board includes “inaccuracies and unsubstantiated claims along with defamation of character.”
Joanna Myers presented the board with a letter from their real estate attorney which contradicts the Vogel’s assertion regarding the need for a property disclosure.
“My husband is just trying to do his job and access his driveway,” added Joanna.
“We’ve been told to go and file harassment charges and I don’t want to be that guy,” added Ted.
Attorney Bourgeois weighed in on the roadway issue, stating that since it is a platted development, the township owns the roadway right of way area.
Chair Kolbinger summed up the township stance on the issue, as the board feels the ordinance is legal and that is the extent of their involvement.
“We have worked through what we are able to do and from a township perspective we don’t have much more that what we can do,” said Kolbinger. “From a zoning standpoint you can have the truck in your yard, we’ve never disputed that.”
No further action was taken by the board.
Sheriff’s Report
Sergeant Dan Frank reported on last month’s call totals, which included 32 traffic stops and several deer-vehicle accidents. Flooded phone lines continue to result in 911 hang up calls as these totaled 10 last month. Frank also presented a 10 year history of traffic accidents on 185th Avenue as requested by the board. He found one single car crash from 2012 and in 2015 a cement truck was involved in a wreck on the roadway. In 2018, icy roads caused one single vehicle accident, while there was one other as recently as August of 2020.
“In that case, the road turned but the driver didn’t,” said Frank. “The driver was subsequently arrested for DWI.”
The board later held discussion with engineer Wes Davis regarding the roadway and found that there is adequate signage at the “S” curve and no additional safety features seem to be indicated for installation at this time.
“Something that I am worried about is that if we get too many signs people tend to ignore them,” said Davis.
Engineer’s Report
Davis presented the preliminary capital improvement program that was put together after all the bituminous and gravel roads in the township were inspected.
