Work done in '88 was allowed as part of a permit

There is no problem with an intrusion of a home into the Harriger Beach Road right-of-way in Empire Township after all.

At the county Road Commission meeting Tuesday, July 3, engineer James C. Johnson said he met with John Fairfield, current owner of the home. Fairfield presented photographs to Johnson showing a carport built in 1988 that included a roof. It was allowed as part of the permit the Road Commission issued for the work at that time.

Johnson said he talked with county building inspector Thomas Pope, who confirmed work done at the time was allowed and permitted. “It appears this wasn’t as big a problem as we thought,” Johnson said.

The Road Commission in May heard a staff report about an apparent encroachment of a road-end involving the property.

Commission chairman Lee A. Bowen said he also has heard from county building officials that Fairfield is working to correct any past mistakes involving work on the section of the house.

“I think the best thing we can do is move forward,” Bowen said. The commission directed Johnson to include all the information in the entry of its official public road-ends book to show corrective action was taken.

In other business during its two hour meeting, the commission:

• Held a public hearing on a request from Solon Township to abandon a 460-foot-long section of Columbus Street west of Nelson Street in the unincorporated village of Cedar. The section of Columbus was never made into a street and was originally thought to be part of the plat of Cedar. The township is requesting the abandonment of Columbus in part to clear up any claim to the right-of-way as it moves forward with plans for a sewer system.

The commission took no action on the request after the public hearing since its members said they needed more time to review the request. Commission John Popa said he thought township plans could be allowed through permits.

Township officials have questioned whether the Road Commission has claim to the right-of-way since it was never developed. The commission will make a decision on the request at its July 17 meeting.

• Heard a request from Russell Dzuba, representing the Leland Township Parks and Recreation Commission, to allow the township to replace two aging docks at the east end of South Street in Leland. The docks sit within the public road right-of-way. Dzuba said the commission plans to establish four boat slips with the docks. One would be for public use; the other three would be leased.

The commission took no action on the request. Vice-chairman Glen M. Noonan said he is not sure if the commission wants to allow a for-profit use of public road ends, even in a case that would benefit the township.

Popa said he reviewed recent court cases related to use of public road ends at bodies of water, finding that uses allowed by courts are very strict. “Basically these road ends can only be used for access and not much else,” he said.

Dzuba said the township hopes to use funds from slip leases for other park improvements in the township. Dzuba said the township needs to replace the docks since they are in very poor condition.