By David Fleet
dfleet@mihomepaper.com
Atlas Twp. — A multi-year rezoning battle between Atlas Township and My Brothers Keeper over a proposed temporary home for discharged veterans has once again ramped up.
In May, the Atlas Township Board of Trustees passed a motion to support the planning commission’s recommendation to not approve MBK’s conditional rezoning request. The decision follows several months of deliberation between MBK and the township over rezoning property located at 11280 Hegel Road from Residential Agricultural to Special Housing District. MBK intends to operate a 10 bedroom home for veterans discharged from medical facilities.
The township decision was appealed, and on Dec. 9, Seventh Circuit Judge Elizabeth Kelly granted a motion requested by MBK for a preliminary injunction ordering Atlas Township to issue a certification of occupancy. Details of the order were not known as of Thursday.
Atlas Township Supervisor Jim Busch attended Monday’s hearing.
“Judge Kelly’s concern was My Brothers Keeper financial stability while the case proceeds through the court,” said Busch. “We may have lost a battle, but this is far from over. Right now, we are waiting for clarification of the certification of occupancy to determine our next step.”
MBK will provide supportive services and therapies for up to 180 days to prepare the resident to move to another setting. The current Residential Agriculture zoning does not allow for 10 unrelated adults to reside in one dwelling.
Prior to the order the township was not allowing the certificate since MBK is not in the right zoning district for their use.
“MBK proposed a multi-family use in a single family district,” said David Lattie, township attorney, who along with legal insurance counsel from McGraw Morris attended the hearing. Much to our surprise Judge Kelly granted MBK’s motion. It does not mean it’s forever, the injunction requires a trial on the case within six months. It’s a temporary measure.”
Lattie summarized Judge Kelly’s decision due to the possibility of MBK losing grant funding since they are getting toward the end period of occupation of the Hegel Road home. The judge was also concerned that veteran’s would be out on the street at Christmas, he said.
The conditions provided by My Brothers Keeper included, the veteran transitional housing shall be limited to 12 or less individuals; the property shall have 24/7 surveillance; on site staffing 24/7; food services and transportation available for residents; no individual with a criminal sexual conduct conviction will be allowed as a resident; all individuals that reside on the property are screened by the Veteran’s Administration and all individuals must meet DD-214, honorable or acceptable discharge.