NewsLocal NewsLakeshoreOttawa

Actions

Short-term rental owners request compromise ahead of residential ban

Short-term rental owners request compromise ahead of Park Township residential ban
Posted
and last updated

PARK TOWNSHIP, Mich. — The weekend cottage rental on the shore of Lake Michigan could become a vacation of days past in Park Township, with a partial ban on short-term rentals (STRs) set to take effect on October 1.

In November 2022, the township Board of Trustees unanimously voted to enforce an existing ordinance, disallowing STRs—commonly referred to as Airbnbs or Vrbos—in residential areas.

Short-term rental owners request compromise ahead of residential ban

During a months-long public participation process, the township Planning Commission considered a number of alternatives to the ban, including a rental review board, a lottery system to limit the number of STRs and a strike system to enforce noise and other violations.

"In the end... eliminating short-term rentals in residential districts was in the best interest of Park Township by maintaining the character of our residential community," the township said in a press release.

A historic home

After decades of additions and maintenance, Jean McFadden considers her family's historic, lakeshore home one of her "major life works."

In 1913, McFadden's grandfather, Albion Hobson, purchased the secluded plot of land. Then, with a team of oxen and logs, he rolled the abandoned Ventura Wesleyan Chapel a few hundred feet down the road.

"There it was, an instant summer cottage," McFadden said.

From cleaning the church's kerosene lamps to playing tennis beneath pine trees, the property has stayed in the family ever since.

"I'm in every room of this place. My ancestors are here," McFadden said.

But decades of Great Lakes ice and wind do damage.

"You cannot imagine the rough treatment that Lake Michigan gives us."

In 1989, McFadden took out a mortgage on the home and moved to the Holland area in 1995 after Grand Valley State University offered her a position in its social work department.

During these years she turned the building into the "home of her dreams," excavating a basement, installing electricity and plumbing, and adding three bedrooms and bathrooms, among other renovations.

"Yes, it's a gift to have a beautiful home on Lake Michigan," McFadden said. "But if you don't live in it, and if you have to pay taxes, and if you have to do upkeep, it's a very expensive gift to accept."

The former professor paid for the construction by opening the house to short-term renters— a weekend here, a weekend there.

Now, the source of income has an October expiration date.

"I'm not going to be around that long," McFadden, a cancer survivor, said. "I am concerned for all the young families and all the old families who are not going to be able to rent many, many beautiful old cottages."

Park Township Neighbors

During an August Board of Trustees meeting, Jeremy Allen made a plea.

"I also want to ask that as a representative of Park Township Neighbors (PTN), you'd give us a chance to come back to the table," Allen said.

The owner of a short-term rental near the Ottawa Beach General Store, Allen founded the 501(c)(4) in response to the township's ban.

"How do we work with the township to try and find a way forward that's a win-win?" Allen said, trying to seek a solution that "doesn't create division."

In its first months of existence, PTN submitted Freedom of Information Act (FOIA) requests to the township, finding that—as of August 2021—231 short-term rentals accounted for 3% of the township's total available housing as compared the 13% taken up by second, sometimes "dark" homes.

In addition, it conducted a township-wide poll with a local realtors' association, reporting that nearly 60% of respondents said they supported "reasonable regulation" rather than a residential ban.

"It makes me sad, but it also feels a bit like an injustice," Allen said. "I have to tell my daughters [that] if we can't find a way to work together with the township, our family can't afford to keep this house."

For Allen, "reasonable" regulation could come in the form of a limit on the number of short-term rentals, fees and fines to fund an enforcement system, and a code of conduct to encourage being a "good neighbor."

"[The township is] just not interested in finding a win-win," Allen said.

The Board of Trustees and Planning Commission

In 2019, the Michigan Supreme Court ruled that short-term rentals are intended for commercial use and can therefore be considered as motels.

The decision opened the door in Park Township for enforcement.

"Overwhelmingly and consistently, we heard from the community that [it] wanted to maintain a rural, residential feel," Township Manager Howard Fink said about the "largest" public participation process of his career.

While the board initially considered a policy allowing "more than zero" STRs, Fink says "hundreds" of complaints prompted the final decision.

“It's one thing to say that you can come up with regulations," Fink said. "It's another thing to be the resident that lives on that street."

In response to the PTN poll, the township questioned its methodology.

"Democracy is not run by polls," Meika Weiss, community development director for the township, said. "It's run by our elected representatives."

What Now?

In a Monday meeting, Jeremy Allen again presented Park Township Neighbor's case to the township. Again, he received the same reply.

"The board just decided, 'No, we're not going to do any of that reasonable or responsible regulation," Allen said.

Now, he's working with lawyers to put PTN's near $100,000 fund toward litigation, though Allen says he'd rather donate it to local nonprofits.

"It's a good fight," Allen said. "Even if we aren't successful in this."

For McFadden, she wants a compromise—especially for the sake of historic, carefully-vetted short-term rentals like her own.

"I would never let people come in who would trash this place," she said.

The township says it's staying its course.

"People built some business plans that are going to have to shift and that's just part of business. It's not enjoyable," Weiss said, noting that bed and breakfasts will continue to be permitted in the township. "This is just not compatible with our rural, residential community."