S.B. 646: COMMITTEE SUMMARY                   SAND DUNES: UNREASONABLE HARDSHIP

Senate Bill 646

Sponsor: Senator Harry Gast

Committee: Natural Resources and Environmental Affairs Date Completed: 9-26-95

SUMMARY OF SENATE BILL 646 as introduced 9-13-95:

The bill would amend the Sand Dune Protection and Management Act’s provisions concerning variances from sand dune zoning laws to delete the statement that for purposes of the Act, “unreasonable hardship” must be treated as unnecessary hardship.

Currently, the Act prohibits a zoning ordinance from allowing certain uses in critical dune areas unless a variance is granted. A local government may issue variances under a zoning ordinance that regulates the use of sand dunes and critical dune areas, or the Department of Natural Resources may issue special exceptions under the model zoning plan, if a property owner would experience an unreasonable hardship if the variance or special exception were not granted. Although the Act does not define “unreasonable hardship”, it does specify that it must be treated as unnecessary hardship, a provision that the bill would delete.

MCL 281.686                                                                                  Legislative Analyst: L. Burghardt

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Fiscal Analyst: G. Cutler

S9596\S646SA

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.

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