Wed 11 Mar, 2009

Ask The Zoning Guru
- A planning commissioner with a burning question about your zoning ordinance?
- A zoning board of appeals member wrestling with a difficult decision on a variance petition?
- …or are you just looking for a clear answer to your zoning conundrum?
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Alan Martel says:
Is there any analysis of how well clustered housing developments sell, espiceally in the northern parts of Michigan? Somewhere I read or was told, that clustered housing kinds of PUDs did not do well because they were contrary to why people move to Northern Michigan. Do you have any information on this?
Alan Martel, Trustee
Torch Lake Township, Antrim County
The Zoning Guru says:
I am not aware of any recent market studies focusing on clustered housing in northern Michigan in particular. However, a few thoughts come to mind in response to your question:
What type(s) of “clustered housing” are you considering?
The term “clustered housing” is a vague term that has different meanings to different people. It includes projects that are as simple as an “open space preservation development” where the only difference from a “standard” single-family residential subdivision is that the homes are allowed to be built on smaller lots than the zoning district would otherwise permit, with the “saved” land set aside as permanent open space. “Clustered housing” can also include, if the local zoning ordinance allows, attached single-family homes or condominiums, where individual homeowners own only their dwelling unit - with the land under common ownership.
The “open space preservation development” option must be included in the ordinance to comply with the Michigan Zoning Enabling Act, but more intensive forms of “clustered housing” do not.
Regarding market studies… It is possible for the township to hire a consultant to perform its own market study, if desired. However, this is an expensive and time-consuming process, so it should only be used where necessary to defend the township’s zoning and master plan.
rodneynanney says:
A note to our online readers: The question of whether a township can consider factors like market demand when reviewing a development project (”cluster housing” or otherwise) is a complicated one, and I have recommended to Mr. Martel that we speak about the particulars of his case in more detail. If you would like more information on this topic, please contact us directly.