Elmwood zoning chief is bowing out Nov. 1

DON WITKOWSKI, shown with his wife Pat,
is retiring from his job as the Elmwood
Township zoning administrator.

Five supervisors, 500 meetings, 4,000 permits "and one heck of a lot of complaints" ago, Don Witkowski accepted the position of Elmwood Township zoning administrator.

He will relinquish the job Nov. 1, Witkowski told the Township Board last week, to provide more time for he and his wife, Pat, to spend in Florida this winter.

Witkowski attained a rare level of longevity in a job that has pitted him against opponents who consider zoning an unjustified intrusion into their lives, and placed him squarely in the middle of neighborhood disputes. One reason he stayed on so long, he said, was the support of his wife.

And she at times questioned his sanity, especially after fielding one of the many evening complaint calls to their home while Don was out. "Many times after she got off the phone, she said 'you must be nuts to do that,’” said Witkowski.

During his 33-year tenure, Witkowski watched his job evolve from an emphasis on issuing land use permits for new construction to that of resolving zoning violations. Often, he is asked to interpret just what residents can and cannot do under the township Zoning Ordinance.

"When I started it was simpler — definitely the ordinance was a lot simpler. But there was a lot of construction then," said Witkowski.

It was a boom era for new homes in the Traverse City market that meant a busy time for Witkowski, who at the time was also a clerk for the Postal Service in Traverse City.

The money was good back then, as the zoning administrator's compensation consisted of fees collected from all permits issued. Witkowski remembers his busiest month brought him an income of $350.

While the compensation system reimbursed Witkowski based on the amount of work he performed, there were complaints when he caught residents starting projects without township permits.

"I remember some people would say, 'he gets paid by the permit, so he was out banging on doors.' Of course that wasn't the case," said Witkowski.

Eventually, the number of land use permits issued in Elmwood Township waned, and zoning administrator compensation was switched to a salary. He now provides office hours at the township hall from 8 a.m. to noon on Tuesdays and Thursdays, and answers his voice mail often to help residents in need of permits to begin projects.

The phone messaging system has slowed the inquiries coming to his home phone, which is listed.

"I still do get a few calls at home, but now we have voice mail," he said.

Generally, Witkowski has been able to work out differences with landowners without asking the township attorney to file a lawsuit. The process starts with first and second violation notices, advances to a letter from the township attorney, and can progress to a request to the township board to authorize a lawsuit to force compliance.

"Most of the time, people were cooperative," said Witkowski.

The last time the township went to court to force compliance represented an interesting case. It occurred in the early 1990s, long after a well-known resident — we'll call him Neighbor One — had constructed a deck that encroached in the setback for Neighbor Two's lot
"(Neighbor Two) knew it and didn't say anything. He never said a word because they were good buddies, and they never had a problem," recalled Witkowski.

Eventually, Neighbor Two planted a hedge row of cedars to separate the properties, as was allowed in the township ordinance. After a few years, Neighbor One thought the hedge had grown too tall, and asked Neighbor Two to trim it. Neighbor Two refused.

"He took a chain saw and took the thing down," said Witkowski, which resulted in Neighbor Two filing a civil lawsuit over the hedge and a complaint to the township about Neighbor One's deck encroachment.

"We went to court and won, and he had to tear the deck off, but it cost the township about $2,500," said Witkowski.

Complaints are often made with a request that their authors not be identified. Witkowski warns them that he cannot shield identities, as often their names are included in case files that can be accessed through the state Freedom of Information Act.

"I tell them if we end up in court, you could end up in court whether you want to or not," he added.

He often finds that residents to whom he issued land use permits years ago are the biggest critics of having more people move into the township.

"Now all these people who moved up are trying to stop everyone else from coming in," said Witkowski. "That's the biggest thing that I notice, the attitude of the people who moved here. That's been one thing that really bugged me over the years."

The Elmwood zoning administrator position was budgeted to be paid $15,400 in 2007. But Witkowski, who retired from the Postal Service in 2000, had only collected $7,882 through August largely because he took a three-month leave of absence to stay at the couple's winter home in Florida.

Witkowski first asked for the time off in 2003 because Pat has medical problems that benefit from the warmer weather. Former deputy harbormaster John Ferdinand took over winter zoning administrator responsibilities until last year, when township planner Bill Swanson filled in.

But the public discussion grew heated last year as some township board members and residents brought complaints about allowing a part-time employee to take so much time off.

So this year Witkowski opted to skip the discussion, instead tendering his resignation effective 33 years and six months to the date that he was hired by Elmwood Township.

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Lighter side to the job

Being a township zoning administrator comes with its share of complaints, but it can also offer up its share of humor. Retiring Elmwood zoning administrator Don Witkowski would rather recall the lighter moments, like the time:

• An Elmwood planning commission member known as being a stickler for tightly interpreting the township zoning ordinance forgot to look in his own back yard. "Good God, come to find out he put up a building that was too big and too close to the water's edge," said Witkowski.

• A resident wanted to report a zoning violation that could not be observed from the road. "He said, 'come on down to my property, I'll show you.' He had a bigger violation on his property than his neighbor had."

• Or the resident who wanted to snitch on his neighbor for a sign violation, but required that Witkowski not reveal his source. "But he says, 'I don't want to get involved because when I go away in the winter, he looks after the place for me.'"