Memorandum. CHARTER TOWNSHIP OF HIGHLAND Planning Department. Planning Commission. Elizabeth J. Corwin, P.E., AICP Planning and Development Director

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1 CHARTER TOWNSHIP OF HIGHLAND Planning Department Memorandum To: From: Planning Commission Elizabeth J. Corwin, P.E., AICP Planning and Development Director Date: April 25, 2018 Re: URSA Red Poppy Bed and Breakfast Special Use Permit Application Applicant/Owner: Lynne Johnson-Benaglio PIN: Harvey Lake Road The application before you is for approval of a bed and breakfast in an existing home in the R-1.5, Single Family Residential Zoning District. While this is similar to an application rejected in 2017 as inconsistent with the Zoning Ordinance regulations regarding Bed and Breakfast, the applicant has asserted that she is planning to limit activities to comply with the ordinance. This is a use allowed with Special Approval in this district. The home was constructed in 1985, and forfeited to the bank in The applicant and current property owner purchased the parcel in The assessing records indicate a remodel year of 2013, when damage from the years of neglect was corrected. There are no permits to document the extent of the work. The applicant recently filed her principal residence exemption at this address and rescinded the exemption at her other address. Since the 2017 application was rejected, Ms. Johnson-Benaglio has voluntarily opened her property to inspections by the Oakland County Health Division and the Fire Marshall. We understand that the reports covered the range of possible occupancies from single family residential to Bed and Breakfast to a conference center. The applicant is making efforts to bring the property into compliance with their recommendations for Bed and Breakfast. An electrical permit has been issued for improvements in the basement level, which is to become the owner s quarters. The application before you is for special approval of the bed and breakfast. In her narrative materials, the applicant discusses activities (such as professional, educational, recreational or religious meetings, workshops, seminars or private gatherings) other than the overnight rental of guest bedrooms that do not fit into the accepted definition as outlined in the Supplemental Use Standards (Section 10.05).

2 Red Poppy Page 2 April 25, 2016 At this initial review, I would expect that you would reaffirm the message conveyed by the Zoning Administrator related to what the ordinance currently allows. Our Township is not enabled by state law to approve use variances. The only use that can be addressed at this time is the bed and breakfast, which is specifically limited to overnight stays with breakfast provided by the property owner. The other activities described in the application, such as classes, events, retreats and party rentals, would require one of the following: a) Conditional rezoning to C-1 (which seems inconsistent with the Master Plan). b) Drafting new ordinance regulations to allow such uses in a residential zone with Special Approval, and subsequent review and approval under a new ordinance. The earliest a public hearing could be conducted is June 7, 2018 due to the legal notice requirements.

3 !!! 1865 Harvey Lake Rd !!!!!!!!!!!!!!!!!!!!!!!!! Des Jardins Dr E Wardlow Rd Highland Harvey Lake Rd Harvey Lake !!!!!!!!!!!!!!!!!!!k 2 Foo t C onto urs 5 Foo t C onto urs FEM A B ase Flood Elevations FEM A C ross S ections yr - F E M A F lo o d p la in yr (d etailed ) - F EM A F lo od plain yr - F E M A F lo o d p la in F LO O D W AY - F E M A F lood pla in Tall Pines Tr l Disclaim er: The inform ation provided herewith has been com piled from recorded deeds, plats, tax m aps, surveys and other public records. It is not a legally recorded mha p Ao r Rsu rv Ve y E a n d Lis AnK o t E in te nhd e d Eto IGb e Hu s etd as s o n e. U s e rs s h o uld co n su lt th e inform ation sources m entioned above when questions arise. FEM A Flooplain data may no t a lw a ys b e p re se n t o n th e m a p. Oakland County One Stop Shop 2100 Pontiac Lake Road Bldg. 41 West Waterford, MI L. Brooks Patterson Oakland County Executive N Park St!! Date Created: 4 /25/2018 N 1 in ch = fe e t Phone: Web:

4 NOTTINGHAM GROVE LAKEVIEW CHARTER TOWNSHIP OF HIGHLAND ZONING MAP HUFF WARDLOW E. W LUPINI SHEWCHENKO DES JARDINS WARDLOW URSA Red Poppy 1865 Harvey Lake Rd PRUIT MAPLEGROVE TALL PINES PARK Zoning Districts ARR: Agricultural Rural Residential 5 acre LV: Lakes and Villages SHELLY PARK CAREY HARVEY LAKE R1.5: Residential 1.5 acre R3: Residential 3 acre TIERNEY RM: Multiple Family MH: Mobile Home Park GARDEN OS: Office Service C-1: Local Commercial ± ENACTED: November 18, 2010 C-2: General Commercial HS: Highland Station TR: Technology and Research IM: Industrial Manufacturing

5 SHEWCHENKO HARVEY LAKE HIGHLAND TOWNSHIP 1999 MASTER LAND USE PLAN MAP ADOPTED JULY 6, 2000 AND INCORPORATION OF MICRO-AREA ANALYSES THROUGH DECEMBER, 2010 LEONARD LAKE LUPINI DES JARDINS WARDLOW PETTIBONE CR PRUIT URSA Red Poppy B&B 1865 Harvey Lake Rd HARVEY LAKE TALL PINES LAKEVIEW PARK Legend MasterPlan FUTURE LAND USE ALDERMAN LAKE AGRICULTURAL AND RURAL RESIDENTIAL (5 acre min. lot size) OPEN SPACE RESIDENTIAL PARK MEDIUM AND SMALL LOT RESIDENTIAL (1.5 to 3 acre min. lot size) MEDIUM AND SMALL LOT (LV Zoning) CAREY MULTIPLE FAMILY RESIDENTIAL TIERNEY GROVE MANUFACTURED HOUSING COMMUNITY OFFICE AND LOW INTENSITY COMMERCIAL HIGHLAND STATION GENERAL COMMERCIAL COMMERCIAL TRANSITION ZONE INDUSTRIAL INSTITUITIONAL PARKS AND RECREATION PETTIBONE CR Ü

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12 April 23, 2018 Highland Township 205 N. John St. Highland, MI Subject: Request for Bed and Breakfast Retreat Center Permit Please accept this letter and the attachments sent to the Township as our formal request to Operate a four guest room bed and breakfast retreat center, hereby referred to as The Red Poppy, located at 1865 Harvey Lake Road. The operation is located north of M-59 on a private non-sports lake. The site is surrounded by 12.5 wooded acres and provides a natural, serene setting that is perfect for getaways and retreats. The Red Poppy is a handicap accessible facility. Proposed Use: The Red Poppy would allow guests (individuals, families, and/or organizations) to rent rooms on a daily basis. Breakfast will be included for all guests renting the rooms. Guests renting will be provided a warm, secluded, peaceful setting for professional, educational, recreational or religious meetings, workshops, seminars or private gatherings, while offering lodging. It is nothing but a positive to serve and be of service to the future of our community. The Red Poppy is in compliance as described below: A. Alterations: There are no alterations planned. B. Parking: Parking will be provided off-street and screened from neighboring properties. C. Signage: The Red Poppy will use one non-illuminated sign not to exceed 4 square feet and four feet in height stating only the name of the establishment. D. Operation: The Red Poppy will be in compliance with all of the following during its operation as a Bed and Breakfast Retreat Center: 1) The maximum length of stay of any guest(s) will be fourteen (14) consecutive calendar days per year. 2) The Red Poppy will submit proof of the Oakland County Health Department s evaluation of the adequacy of the on-site sewage disposal system in relation to the number of guest rooms proposed. 3) If The Red Poppy proposes a sale of the establishment, the owner will notify the Township in writing thirty (30) days in advance. 4) Kitchen facilities will be used for food preparation for consumption on the site by the owner, operator, residents and The Red Poppy guests only. 5) Prior to operation The Red Poppy will be inspected by the Township Zoning Administrator, Building inspector, and Fire Chief.

13 6) No accessory building or garages will be utilized for sleeping rooms. 7) Not more than forty percent of the gross floor area of the dwelling will be devoted to guest rooms. The Red Poppy is in Compliance with the following: a) Public Health, Safety, and Welfare The Red Poppy proposes to operate a facility that is planned, designed, and operated to protect health, safety, and welfare. b) Land Use Compatible with Surrounding Land Uses The Red Poppy is situated on 12 acres of wooded lots. The primary building is screened from adjacent residential lots and the exterior of the building is visually consistent with its residential 1.5 zoning district. c) Master Plan Consistency The future land use map designates the future land use of The Red Poppy site as medium to small residential. The planned bed and breakfast retreat center is harmonious with the intent of the future land use designation. d) Circulation The Red Poppy has a private driveway off Harvey Lake Road which ensures that the circulation for vehicular and pedestrian traffic is safe and convenient. e) Adjacent properties Impacts There are no exterior construction plans for The Red Poppy and the uses proposed are low impact. These items and the operation intent of The Red Poppy will not detract from the area aesthetics. f) Public Services The use is planned to be low intensity, The Red Poppy will not unreasonably burden the capacity of public services and/or facilities. In conclusion, we hope that we have covered all the requirements, conditions, and required compliances that are stated for owning a Bed and Breakfast Retreat Center, however, if there are other conditions or issues that need to be taken care of please let us know so we can make any adjustments or changes to be able to receive our permit. Sincerely: Lynne Johnson-Benaglio

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20 1865 HARVEY LAKE RD HIGHLAND MI beds / 5 full baths / 2 half baths / 7669 sq ft Residential Property Profile Note: Please be advised the data included in Property Gateway originates from multiple local municipalities. Data, in regard to properties, may be classified and updated differently by municipalities. If you have any questions, please contact the local community where the data originated. Owner Information Owner(s) : LYNNE M JOHNSON- BENAGLIO & THOMAS BENAGLIO Postal Address : 1865 HARVEY LAKE RD HIGHLAND MI Location Information Site Address : 1865 HARVEY LAKE RD HIGHLAND MI PIN : Neighborhood Code : LHL Municipality School District Class Code : Charter Township of Highland : 140 HURON VALLEY : 403 LAKE IMP (Lakefront Imp.) Property Description T3N, R7E, SEC 15 PART OF SE 1/4 BEG AT PT DIST S W FT & N W FT & N W FT FROM SE SEC COR, TH S W 714 FT TO TRAVERSE PT 'C', TH S W 200 FT TO SHORELINE OF HARVEY LAKE, TH NLY 420 FT ALG SD SHORELINE OF LAKE, TH N E 30 FT TO TRAVERSE PT 'E' LOC N W FT & N W FT & N W FT & N W FT & N W FT FROM SD TRAVERSE PT 'C', TH N E FT, TH N W FT, TH S E FT, TH S W 60 FT, TH S E FT, TH ALG CURVE TO LEFT, RAD FT, CHORD BEARS S E FT, DIST OF FT, TH S E FT TO BEG A 07/29/85 FR 009 & 010 Split/Combination Information Added Status : Added Parcel Added Date : 08/06/1985 Added From : FROM 009 & 010 No Sales Since 1994 Tax Information Taxable Value : $463,270 State Equalized Value : $490,420 Current Assessed Value : $490,420 Capped Value : $463,270 Effective Date For Taxes : 12/01/2017 Principal Residence Exemption Type : N/A Summer Principal Residence Exemption Percent : 0% Winter Principal Residence Exemption Percent : 0% 2016 Taxes 2017 Taxes Summer : $11, Summer : $18, Winter : $2, Winter : $3, Village : Village : Lot Information Description : ROLLING WOODED Area : 12.6 ACRES WATERFRONT

21 1865 HARVEY LAKE RD HIGHLAND MI beds / 5 full baths / 2 half baths / 7669 sq ft Residential Property Profile Note: Please be advised the data included in Property Gateway originates from multiple local municipalities. Data, in regard to properties, may be classified and updated differently by municipalities. If you have any questions, please contact the local community where the data originated. Primary Structure Structure : Contemporary Living Area : 7669 SQ FT Ground Floor : 5654 SQ FT Year Built : 1985 Effective Year : 1963 Remodel Year : 2013 Stories : 1 Story Rooms : 13 Bedrooms : 5 Full Baths : 5 Half Baths : 2 Fireplaces : 3 Ext Walls : Dryvit Basement : YES - FULL Garage : ATTACHED - 3 car (960 SQ FT) Heat : Forced Heat & Cool Fuel Type : Gas Central Air : Yes Basement Information Finish : RECREATION ROOM Area : 723 SQ FT FINISH Porch Information Type CPP CPP Area 404 SQ FT 420 SQ FT

22 Oakland County Property Image Viewer Page 1 of 3 4/25/2018 Charter Township of Highland (H) Active Print Date: Date 1865 Harvey Lake Rd Highland MI View: Front Structure: Primary Photo Date: 10/21/ Harvey Lake Rd Highland MI View: Rear Structure: Primary Photo Date: 10/21/2016

23 Oakland County Property Image Viewer Page 2 of 3 4/25/ Harvey Lake Rd Highland MI View: Front Structure: Garage Photo Date: 06/06/ Harvey Lake Rd Highland MI View: Front Structure: Other Photo Date: 10/21/2016

24 &PIN= &SKETCHI... Page 1 of 1 4/25/2018