2016-10-20 / Public Notices

Public Notices

Michigan law requires local governments to inform their citizenry through public notices published in newspapers of record for their communities. These notices provide residents with an easy path for following the work of their elected officials. Public notices for Leelanau County can also be accessed online at Leelanaunews.com.

Notices that can be found in Section Three of this week’s Leelanau Enterprise include:

 Summary Amendment #2016-02 to the 1996 Leland Township Zoning Ordinance.

 Leelanau Township Board Regular Meeting Proceedings from October 11, 2016.

 Elmwood Township Planning Commission will hold a special meeting on September 20, 2016.

 Cleveland Township Board synopsis of the October 11, 2016, meeting of the Cleveland Township board.

Leland Township Notice to the Public

Summary Amendment #2016-02 to the 1996 Leland Township Zoning Ordinance

Section 12.04 C-4. Fishtown Historic District amended as follows:

Intent. The Fishtown Historic District (the “District”) is intended to:

1.Preserve the historical integrity of Leland’s Fishtown area and ensure that it continues as a publicly accessible and authentic connection to local and regional history, Great Lakes commercial fishing, and maritime traditions and experiences;

2. Provide flexibility for the restoration, construction, and relocation of structures, for limited development, in part, and for changes in use within the District to the extent and on the conditions in this Section.

Boundaries, Ownership, and Control: The boundaries of the District are set forth in Exhibit A (on file at Leland Township Office). The properties within the District are owned by Fishtown Preservation Society, Inc. (“FPS”). FPS shall have sole responsibility and authority for the management of the District in conformity with this Section. FPS shall give notice to the Zoning Administrator of any transfer of ownership or control of property within the District.

Uses Permitted by Right: Historic preservation and restoration, public education, waterfront access, commercial fishing, public angling, charter boat operations, commercial retail and service operations, artisan activities, fishing related operations, fish processing, research and educational activities, public gatherings, mixed uses; and with respect to the property at 206 West Cedar Street (only), a single family dwelling (including short-term rentals), and related administrative activities. Changes in use for a particular structure or area shall be permitted without further approval provided the change is to another use permitted by right and notice is given to the Zoning Administrator. Changes within the District that would otherwise require a Land Use Permit under Section 3.03 A. of this Ordinance shall be subject to review by the Leland Township Zoning Administrator. The Zoning Administrator shall approve any change that is consistent with the “Design Guidelines” on pages 27 through 32 of the Fishtown Site Study, Design and Master Plan (January 2009) (“Design Guidelines”), as recorded with the Leelanau County Register of Deeds and as Exhibit B (on file in Leland Township Office). If the Zoning Administrator finds a proposed change is not consistent with the Design Guidelines, and the issues are not resolved following consultation with FPS, the change shall require approval by the Leland Township Planning Commission.

Dimensional Standards: The following shall apply to improvements within the District:

1. Alley setback: 0’ min. north side of river/5’ min. south side of river

2. Off-street parking: 0 spaces north side of river/number of spaces on southside of river per Section 21.03 as of January 1, 2017

3. Building height: 7’ min. – 35’ max.

4. Property line setbacks: 0’ north side of river/5’ south side of river

5. Water’s edge: No closer than any structure in the District as of December 31, 2009

6. Percent lot coverage: Maximum 80% of the District area

Additional Standards:

1. Right-of-Way. Changes in the use of the West River Street right-of-way are subject to approval by the Leelanau County Road Commission.

2. Utilities. New utility lines shall be located below grade. Any changes in the utility infrastructure shall be subject to approval by the Zoning Administrator and subject to all relevant county and state permitting requirements.

3. Site Drainage. The placement of any new buildings or building to be relocated shall be subject to review by the Drain Commissioner and the Soil Erosion Control Officer.

4. Pedestrian Circulation. Changes in the pedestrian circulation systems shall be isolated from the vehicular circulation system to the greatest extent possible and subject to review by the Zoning Administrator.

5. Signage. Signage within the District shall be within the control of FPS and consistent with the Design Guidelines. Educational and interpretive signage and other materials shall be allowed at the discretion of the FPS. One freestanding sign externally directed such as an entrance sign, not exceeding thirty-two (32) square feet and not internally illuminated or having any visible moving, revolving or flashing components, shall be permitted subject to approval by the Zoning Administrator.

6. Nonconforming Uses and Nonconforming Buildings. Nonconforming Uses and Nonconforming Buildings, as defined in this Ordinance, may continue until they are removed by FPS. Any Nonconforming Building that is damaged by fire or act of nature may be reconstructed on the original building footprint and within its original spatial envelope. Any building relocated within the District shall be reviewed by the Zoning Administrator and approved by the Planning Commission.

Severability: If any provision of this Zoning Ordinance Amendment is declared unconstitutional or otherwise invalid by a court, that declaration shall not affect the remainder of this Amendment. The Township Board would have passed each part irrespective of the fact that any one or more parts be declared invalid.

Conflicts. If any provision of the Ordinance conflicts with this Zoning Ordinance Amendment, the provisions of this Zoning Ordinance Amendment shall control.

Effective Date. Eight days after publication in a newspaper of general circulation.

A copy of the amendment is available for inspection from 10:30 a.m. to 4 p.m. weekdays at the Leland Township Office, 123 N. St. Joseph St., Lake Leelanau.

Jane M. Keen, Leland Township Clerk

Public Notice

Notice Of Mortgage Foreclosure Sale

THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. PLEASE CONTACT OUR OFFICE AT THE NUMBER BELOW IF YOU ARE IN ACTIVE MILITARY DUTY.

ATTN PURCHASERS: This sale may be rescinded by the foreclosing mortgagee. In that event, your damages, if any, shall be limited solely to the return of the bid amount tendered at sale, plus interest.

MORTGAGE SALE - Default has been made in the conditions of a mortgage made by Jerome A. Bazin, a single man, original mortgagor(s), to Urban Financial Group, Mortgagee, dated October 26, 2009, and recorded on November 3, 2009 in Liber 1031 on Page 658, and assigned by mesne assignments to Nationstar HECM Loan Trust 2015-2 Wilmington Savings Fund Society, FSB, Not in its Individual Capacity but Solely as Owner Trustee as assignee as documented by an assignment, in Leelanau County records, Michigan, on which mortgage there is claimed to be due at the date hereof the sum of Three Hundred Eighty-Six Thousand Three Hundred Ninety-Six and 55/100 Dollars ($386,396.55).

Under the power of sale contained in said mortgage and the statute in such case made and provided, notice is hereby given that said mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at public vendue, at the place of holding the circuit court within Leelanau County, at 11:00 AM, on November 4, 2016.

Said premises are situated in Township of Suttons Bay, Leelanau County, Michigan, and are described as: Parcel B: Part of the Northwest 1/4 of the southwest 1/4 of Section 21, Town 29 North, Range 11 West, more fully described as: Commencing the West 1/4 of said Section 21; thence South 00 degrees 19’ 28” West, 917.86 feet along the West line of said Section 21; thence South 89 degrees 43’ 20” East 562.77 feet parallel to the South 1/8th line of said Section 21 to the point of beginning; thence North 00 degrees 19’ 47” east, 447.46 feet; thence North 74 degrees 53’ 32” East, 357.97 feet to a point on the centerline of Elm Valley Road; thence Southeasterly 230.79 feet along said centerline and the arc of a 2610.28 foot radius curve to the right, the long chord of which bears South 24 degrees 34’ 30” East, 230.71 feet; thence South 22 degrees 20’ 31” East, 360.06 feet along said centerline; thence North 89 degrees 43’ 20” West, 579.26 feet parallel with said North 1/8th line to the point of beginning.

Being the same property conveyed to Jerome A. Bazin and Julie Wilhelm, husband and wife by deed dated 8-6-98 and recorded 8-10-98 in Deed Book 483, page 512, in the Office of the Recorder of Leelanau County, Michigan.

The redemption period shall be 6 months from the date of such sale, unless determined abandoned in accordance with MCLA 600.3241a, in which case the redemption period shall be 30 days from the date of such sale.

If the property is sold at foreclosure sale under Chapter 32 of the Revised Judicature Act of 1961, pursuant to MCL 600.3278 the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damaging the property during the redemption period.

Dated: October 6, 2016
For more information, please call:
FC X (248) 593-1302
Trott Law, P.C.
Attorneys For Servicer
31440 Northwestern Hwy Ste. 200
Farmington Hills, Michigan
48334-5422
File #458890F02
(10-06)(10-27)

Public Notice

STATE OF MICHIGAN IN THE 13TH CIRCUIT COURT FOR THE COUNTY OF LEELANAU

Case No. 16-9778-CH
Hon.
HANNELORE S. RAMSEY,
Plaintiff,
vs.
IDS CREDIT CORPORATION
n/k/a FBS BUSINESS FINANCE
CORPORATION,
a Delaware Corporation,
Defendant.
DAN A. PENNING (P39322)
The Penning Group
Attorney for Plaintiff
P.O. Box 490
101 South Cedar Street
Suttons Bay, Michigan 49682
(231) 271-4500
dpenning@penninggroup.com

ORDER FOR ALTERNATE SERVICE OF PROCESS

PURSUANT TO MCR 2.106(D)

At a session of said Court held in the Leelanau County Circuit Court, State of Michigan, on: 9/21/16.

PRESENT:

HON. CIRCUIT COURT JUDGE

Plaintiff, having filed an Ex Parte Motion for Alternate Service Pursuant to MCR 2.105(I) with this Court, and the Court having reviewed Plaintiff’s Ex Parte Motion and attached exhibits, and the Court being otherwise fully advised in the premises;

NOW THEREFORE:

IT IS HEREBY ORDERED that service of process by Plaintiff on Defendant in the above-captioned matter be done by publication of this Order, and mailing pursuant to the requirements of MCR 2.106(D) as follows:

(D) Publication of Order; Mailing. If the court orders notice by publication, the defendant shall be notified of the action by

(1) publishing a copy of the order once each week for 3 consecutive weeks, or for such further time as the court may require, in a newspaper in the county where the defendant resides, if known, and if not, in the county where the action is pending; and

(2) sending a copy of the order to the defendant at his or her last known address by registered mail, return receipt requested, before the date of the last publication.

(3) Posting on premises for 28 days.

IT IS FURTHER ORDERED to satisfy the requirements of MCR 2.106(C) as follows:

(a) The above cause of action involves an action to quiet title to real estate filed by Plaintiff against Defendant for real estate located in Leelanau County, Michigan; and

(b) Defendant must file a written Answer to Plaintiff’s Complaint filed in the above cause of action within twentyeight (28) days of the date of the last publication of notice of the above cause of action as required by this Order or within twenty-eight (28) days of the date of service by registered mail, whichever date is later, and

(c) The Answer by Defendant must be filed in the Leelanau County Circuit Court located at 8527 E. Government Center Drive, Suttons Bay, MI 49682;

(d) A failure by Defendant to file an Answer to Plaintiff’s Complaint within the time periods stated above will result in the entry of a Default in favor of Plaintiff and the entry of a Default Judgment in favor of Plaintiff awarding Plaintiff clear title to the real property which is the subject matter of the above cause of action.

Leelanau Township Board Regular Meeting Proceedings

Tuesday, October 11, 2016 7:00 p.m.
Leelanau Township Hall
119 E. Nagonaba St.
Northport, MI 49670

Supervisor Scripps called the meeting to order at 7:00P.M..

Board members present: Doug Scripps, Denise Dunn, Deb Van Pelt, Gary Fredrickson, and Galen Leighton.

Twelve citizens and four staff members were present.

Agenda set as amended.

Public Comment was heard from Jim Thomas, stated the Board used to discuss items at one meeting then take action at the next, now items are just action. Thomas also gave a shoreline report for Christmas Cove.

Approved minutes of September 13, 2016 as corrected.

Approved minutes of September 27, 2016 as corrected.

Approved minutes of September 7, 2016 Closed Session Meeting as presented.

Approved current bills in the amount of $62,728.51 as amended.

Presentation for Chemical Bank banking was presented by Rachael Nowicki and John Visser.

Reports were heard from Emergency Services, Hugh Cook; Planning Commission, Galen Leighton.

Approved changing the date of the regular scheduled board meeting for November 8, 2016 to November 15, 2016 due to the November 8, 2016 General Election.

Approved having a Yard Waste Exploratory Committee and names to be on the committee.

Approved having a Library Leadership Advisory Committee and names to be on the committee.

Discussed and postponed acting on increasing the hours for the Library Assistant until the November Board meeting and more information.

Accepted with regret and gratitude a letter of retirement from Willard Kolarik, Facilities Manager.

Approved releasing the draft Leelanau Township Parks and Recreation Plan 2016 – 2021 to the public for their review.

Public comment was heard from Paul Rebori asking about the draft Leelanau Township Parks and Recreation Plan 2016 - 2021 and Jim Thomas stating one can look at Google map, over the years, to see the change in the shoreline at Christmas Cove. Denise Dunn stated there is a small parcel adjacent to Peterson Park that the property owner is thinking of donating to the township if the township does the paperwork.

Correspondence and announcements about the Leelanau Township newsletter for November and a letter received from David Brigham.

Meeting adjourned at 8:59 p.m.

Complete copies of the approved minutes are available at the Leelanau Township Office, 119 E. Nagonaba St., Northport, MI 49670 during regular business hours or on the Township website.

Deb Van Pelt

Leelanau Township Clerk

Public Notice

Notice Of Mortgage Foreclosure Sale

THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. PLEASE CONTACT OUR OFFICE AT THE NUMBER BELOW IF YOU ARE IN ACTIVE MILITARY DUTY.

ATTN PURCHASERS: This sale may be rescinded by the foreclosing mortgagee. In that event, your damages, if any, shall be limited solely to the return of the bid amount tendered at sale, plus interest.

MORTGAGE SALE - Default has been made in the conditions of a mortgage made by Curtis A Richter and Beth A Richter, husband and wife, original mortgagor(s), to Mortgage Electronic Registration Systems, Inc., Mortgagee, dated November 7, 2003, and recorded on November 17, 2003 in Liber 776 on Page 247, and assigned by said Mortgagee to The Huntington National Bank as assignee as documented by an assignment, in Leelanau county records, Michigan, on which mortgage there is claimed to be due at the date hereof the sum of One Hundred Forty-Four Thousand Nine Hundred Thirty-Two and 06/100 Dollars ($144,932.06).

Under the power of sale contained in said mortgage and the statute in such case made and provided, notice is hereby given that said mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at public vendue, at the place of holding the circuit court within Leelanau County, at 11:00 a.m, on November 18, 2016.

Said premises are situated in Township of Leland, Leelanau County, Michigan, and are described as: Lot 2, Birch Le Terrace, according to the Plat thereof as recorded in Liber 7 of Plats, Page 25.

The redemption period shall be six months from the date of such sale, unless determined abandoned in accordance with MCLA 600.3241a, in which case the redemption period shall be 30 days from the date of such sale.

If the property is sold at foreclosure sale under Chapter 32 of the Revised Judicature Act of 1961, pursuant to MCL 600.3278 the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damaging the property during the redemption period.

Dated: October 20, 2016
For more information, please call:
FC H (248) 593-1300
Trott Law, P.C.
Attorneys For Servicer
31440 Northwestern Hwy Ste. 200
Farmington Hills, Michigan 48334-
5422
File #466705F01
(10-20)(11-10)

Public Notice

State of Michigan Probate Court
County of Leelanau
Notice to Creditors
Decedent’s Estate
File No. 16-12451-DE

Estate of James R.D. Stevenson, III, Deceased Date of Birth 03-10-1937

TO ALL CREDITORS*

NOTICE TO CREDITORS: The decedent James R.D. Stevenson, III, died 7-31-2016.

Creditors of the decedent are notified that all claims against the estate will be forever barred unless presented to Linda W. Stevenson, personal representative, or to both the probate court at 8527 E. Government Center Drive, Suite 203, Suttons Bay, MI 49682 and the personal representative within 4 months after the date of publication of this notice.

10-11-2016
Linda W. Stevenson
7529 W. Day Forest Road
Empire, MI 49630
(231) 334-4116
Dona Scott Laskey, Esq. P18642
P.O. Box 734
Leland, MI 49654
(231) 256-2141

Public Notice

State Of Michigan
Probate Court
County Of Leelanau
Notice To Creditors
Decedent’s Estate
File No. 16-12457-DE

Estate of John David Steffens, Deceased Date of Birth: May 3, 1971

TO ALL CREDITORS:

Notice To Creditors: The decedent, John David Steffens, who lived at 1191 N. Morning View Lane, Suttons Bay, Michigan 49682 died on September 10, 2016.

Creditors of the decedent are notified that all claims against the estate will be forever barred unless presented to:

Sandra Newman

1625 S. Lake Leelanau Drive

Lake Leelanau, MI 49653 within 4 months after the date of publication of this notice.

The Penning Group, Advisors & Attorneys, PLLC

Dan A. Penning P39322
PO Box 490, 101 S. Cedar Street
Suttons Bay, MI 49682
Sandra Newman
1625 S. Lake Leelanau Drive
Lake Leelanau, MI 49653

Elmwood Township Planning Commission

Notice Of Continuation Of Public Hearing

At a special meeting on September 20, 2016, the applicant for CLU 2016-01 requested that he be allowed to submit additional information. The Planning Commission passed a motion to allow the continuation of the public comment portion of the public hearing for CLU 2016-01, which is requested by Frank Noverr for a seasonal wine tasting room with winery associated activities at Noverr Farms, 7981 S. Lakeview Rd, Traverse City, MI 49684, parcel number 45-004-101-001-00. Pursuant to the Planning Commission motion, public comment has been reopened and will take place during a special meeting scheduled for November 9, 2016 at 6 p.m. to receive new information from the applicant and public. During this meeting, additional public comment will be received regarding the application. Public comment submitted or heard during the August 17, 2016 special meeting will remain on the record and does not need to be resubmitted.

The public hearing will be held at the Elmwood Township Hall, 10090 E. Lincoln Road, Traverse City. Individuals can make public comment or submit written comments, in person, at the public hearing. Written comments may be submitted prior to the public hearing by mailing them to: Planning and Zoning Department, 10090 E. Lincoln Rd, Traverse City, MI 49684 or planner@elmwoodtownship.net. Written comments submitted prior to the public hearing will be received until 5 p.m., Wednesday, November 9, 2016.

Individuals planning to attend who require reasonable auxiliary aids should contact Connie Preston, Township Clerk, at (231) 946-0921.

Cleveland Township Board Proceedings

The following is a synopsis of the October 11, 2016, meeting of the Cleveland Township board. The complete minutes are available from the Township Clerk. Supervisor Stein called the meeting to order at 7 p.m. Five members were present. Five guests were also present.

Agenda was approved as presented.

Approved minutes of the September 13, 2016 meeting.

Received Treasurer’s report and approved payment of bills.

Received Supervisor, Clerk, Planning Commission’s, Zoning Administrator, Maintenance and Assessor’s reports.

The board approved the copying of journals at the Cleveland Township Hall.

Public comment was held. The meeting was adjourned at 7:34 p.m.

Jan Nowak, Cleveland Township Clerk

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