Clare County Review News

Harrison commission gets heated over Rustic Owl zoning

Displays outside the Rustic Owl are at the center of the zoning debate

By Genine Hopkins

The Rustic Owl, a newer Harrison small business that opened just a year ago, has been working with City of Harrison council members, planning commission members, and the City Code Enforcement Officer, Mike Freeman, to resolve the issue surrounding the displays outside the building. The Rustic Owl is located in the former Harrison District Library Building on the corner of Main and 2nd Street in downtown Harrison, that has a huge array of antique and DIY repurposed items from a variety of vendors. The Owl also holds DIY workshops and has materials for repurposing your own items.
Malisa and Jeff Dinnan, owners of the Rustic Owl, appeared with several of their vendors at the Monday, September 9, 2024 Harrison City Council meeting. Malisa had spoken with Freeman on several occasions regarding the ordinance on outdoor display cases for businesses. Malisa made her appearance at the July City Council meeting to question why her antiques and items were affected, since the ordinance specifically addressed “display cases,” which she said is not the case for her displays.
Malisa and Jeff – along with several other vendors who appeared at the meeting – told the council that they had informed Freeman they would not hold the City of Harrison responsible for any damage to the items on display, but that moving the display in and out of the business every day would be too time consumptive and too hard to do. At that July meeting, the City Council, wanting to work with the planning commission and Freeman to resolve the issue for everyone’s best interests, put a moratorium on requiring the displays on 2nd Street at the Rustic Owl to be moved during non-operational hours. This then kicked the ball into the Planning Commission’s court.
At the July City Planning Commission meeting, Freeman explained the predicament faced by Rustic Owl as well as the issue of snow removal in winter. Harrison Mayor Dan Sullivan and several others in attendance wondered if the Planning Commission were to clarify the zoning ordinance to include all displays – removing the “display case” wording – and if the updated ordinance would include only allowing displays on public property that is on 2nd Street (not on the Main Street property displays), could they allow for variances? It was decided that it could present to be problematic in the future, and the consensus was to consider allowing the Rustic Owl to be “grandfathered” in and keeping their displays out on both sides of the building. More information was needed and neither the Dinnans nor any vendors made an appearance at the July (or August) Planning Commission meetings.
It was at the August Planning Commission meeting that a proposed, new ordinance was made. This would include modifying the existing ordinance on displays to define all displays on public space frontage, and also to limit displays from April 1 to October 31, to allow access to city workers should inclement weather require attention to the sidewalk spaces. Outside displays needed to be located against the building in question and maintain at least a five-foot clearance from “pedestrian circulation routes.” Displays must not exceed 50% of the length of the storefront, although it had been brought up at the July City Council meeting that the storefront included both Main and 2nd Streets so the Main Street display would be allowed to remain without moving in and out every night and it was also located on private property (of Rustic Owl) and not public space.
The Dinnans were notified and returned to the City Council at the meeting on Monday, with a couple of vendors in tow. Malisa addressed the council explaining that the displays on both streets are huge draws for cars that are driving down either street and that having the displays increases foot traffic not only for her business, but for all businesses on 2nd Street, revitalizing the area. Again, it was reiterated that moving the display on 2nd street in and out of the business each day would be cumbersome and removing them entirely would harm her business.
“We understand and are very appreciative of your business,” said council member Angela Kellogg-Henry, “Everyone on this board wants to see you stay in business and thrive.” To which the other council members nodded in agreement.
“It is really in your best interest to attend tomorrow’s Planning Commission meeting,” said council member Phil Duggan.
Malisa apologized for not attending prior Planning Commission meetings, and when speaking with her after the Planning Commission meeting, she felt the board held that against her with their decision.
Malilsa did attend the Planning Commission meeting held the next day on September 10, 2024, went well over an hour and saw the Dinnans leave visibly upset with the approval of the new wording for the revised ordinance. There were heated words between some of the members of the Planning Commission and Malisa and the reason given for leaving was to allow things to cool off. The Planning Commission did call Malisa when she was almost to her home in Gladwin, requesting she return to speak before them, but she declined, believing nothing good would come of it, that the commission had already decided.
After the meeting, citizens and some city representatives were trying to come up with ideas to help keep the Rustic Owl in business in Harrison. Suggestions of applying for DDA (Downtown Development Authority) grants for “beautification” in the form of a mural for the Owl on 2nd Street was discussed, as well as options to allowing items on display on 2nd Street to be on wheeled carts that could more easily be moved in and out of the business when displays are allowed from April 1 to October 31.
Freeman told the Review that he was meeting with Dinnan on Wednesday afternoon to bring her an application. With the moratorium in place on requiring the displays to be moved inside at close each day still in effect until the council approves the new ordinance wording, the 2nd Street displays at the Rustic Owl can remain for now.
The new ordinance will be presented to the full Harrison City Council for approval at their next meeting, on September 23, 2024, at 6 p.m., at the Harrison City Hall.

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