Agenda - Planning Commission - 03/03/2005

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z,g. January 25, 2005 ---- Page 7 At a hearing on the matter, several people, including environmental en- gineers, testified on the dangerg created by the proposed crematorium, and how these dangers could harm the COmmunity through toxic build-up or damage to fetal develOpment, especially through the ingestion of the ground- water. The city voted to denY the conditiOnal-use permit. Roselawn sued, and'the cou~ruled in favor of the city. Roselawn appealed, arguing the city acted unreasonablY~ DECISION:Affirmed, Roselawn was not entitled tO the cOnditional-use permit. The court determined the protection of.general public health, safety, and welfare was a valid basis to deny a:conditional-use permit. It Was uncontested~that the crematorium would emit certain toxic p011ut- ants, including carbon monoxide; mercury, hydrogen chloride, dioxins, and furans. The city counciiifocused0n the :emission of mercury because not only did it have a harmful effect on the envirOnment, but also there .was currently no method in the cremato~ process to prevent its emission. Furthermore, it was shown that the cremati°n of individuals, who had reCeived certain cancer treat- ments, would emit radioactive partiCles. Ultimately, Roselawn failed to Show it could operate a crematorium in such a manner that emissions, of pollutants in a 'residential neighborhood near a reservoir supplying drinking water would not negatively impact the general public health, safety, and welfare; Ttierefore, the court concluded the denial of the conditional-uSe permit was ptoper.i see also: Billy Graham iEvangelist~c A&~ociation v. City of Minneapolis, 653 N. W..2d 638 (2002). " see also: Nordmarken v. City of. Richfield, 641 N.W. 2d 343 (2002). Conditional Use m Landowner wants:to develop gas station in Water- recharge area . Experts agree a leak could be di~a~tr°us Citation: Salarney v. Dexter Town,hiP Zoning Board of Appeals, Court of Appeals of Michigan, No. 248702 (2004) MICHIGAN (12/02/04) -- Salamey wanted t° develop a gas station on his land abutting an intersectiom A gas station was considered, a conditional use in the commercial district, requiring a propertY owner to obtain a conditional-use permit. Directly across the-street from Salamey's property were three residences built before the land surrounding the intersection was zoned for corranercial uses. The area was also a water, recharge area, and the underlying soil con- tained a large proportion of gravel. It -was located. 1,000 feet from the. Huron River and the Metro Park system, © 2005 Quinlan Put)lishing Group2 Any reproduction is p[ohibited. For more information please call (617) 5424048. 97