Court Sets Deadlines for Construction Steps on Webster Project
By Karen Gould

Following years of unmet deadlines and promises to build a home, Len and Sue Webster now must comply with a courtordered building schedule on their three Hubbard's Annex lots. In May, the City of Mackinac Island filed suit against the Websters, seeking a remedy to abate a blight and nuisance situation the city claims was created when a foundation that was dug on the property in 1999 was left unfinished by the Websters. In its suit, the city sought to have the lots restored to their natural state.

A stockade fence surrounds the open foundation on Park Street and was placed there previously by the Websters at the city's request to address safety concerns.

Based on the building plans presented to the Planning Commission Tuesday, August 7, a zoning application was granted to the Websters pending architectural review and that they agree to reduce the height of their proposed home to meet zoning requirements.

During the meeting, City Attorney Tom Evashevski gave an overview to commissioners of the court's July 20 order. The court schedule includes providing building inspector Dennis Dombroski with documents needed for a building permit by August 15.

Mr. Dombroski has the documents for the building permit, he told the Town Crier Wednesday, August 15, but no permit has been issued because the project is in the architectural review process and architectural plans had been given to the city's architect, Rick Neumann, of Petoskey.

The city has until September 1 to determine whether it can issue a permit, and if it cannot, to explain why. Conditions placed on the Websters for a building permit would include proof of a construction contract and a $300,000 performance bond, which needs to be given to the city by October 15. Installation of utilities and additional foundation work is to be completed by the Websters this fall.

By May 15, 2008, the home must be framed and erected and the home should be near completion by the end of 2008. If the requirements are not met by the Websters, according to court documents, they could be held in contempt of court.

"It's kind of a last chance," said Mr. Evashevski, "because it now is being supervised by the court."

The case was heard in July in Mackinac County's 11th Circuit Court by Judge William Carmody.

The proposed home meets all setback and lot coverage requirements, said Mr. Dombroski. The Websters are using three lots in the Annex for their home. The proposed home is too tall, said Mr. Dombroski, and the couple has agreed to reduce it to meet requirements, although the architect, in a letter given to commissioners, wrote he would wait until the architectural review process is complete and make all changes at one time.

Commissioner Michael Straus, whose family owns property in the Annex, expressed concerns over possible damage to common areas of Hubbard's Annex if construction materials are stored there during the building process. Also discussed was possible damage to tree branches when materials are delivered to the site by motor vehicle.

That issue, said Mr. Evashevski, would be addressed during the motor vehicle permit approval process as it comes before City Council. There are some places on the Island that have limited access, and such details are discussed by council when it considers issuing permits. It should not be a part of the commission's decision making process, he said.

Commissioners Mary Dufina and Kay Hoppenrath suggested the communication process between planners and the city council could be better, and it was decided to send Council a letter making members aware of their concerns.