The Cheboygan
County Commissioner’s room was standing room only at the Planning Commission
meeting on February 1, 2017 and the controversy for a change was not Meijer. Will
what began as an ill-conceived letter writing campaign be resolved with public input
and cooperation? Last September, Community
Development Director Steve Schnell addressed a letter to Andy Stempky.
Dear STEMPKY, ANDREW & NANCY HM/, It
has come to our attention that a home on your property is being used as a transient
rental at XXXX Hiawatha Drive in Aloha Township. In accordance
with section 21.3.1 of Zoning Ordinance No. 200, it is a requirement
in all districts of Cheboygan County that a property owner obtain zoning
permit prior to changing the use of a property or constructing a building on their
property. We
are sending this notice in hope that being aware of this violation you will voluntarily take steps to correct the
situation. This notice therefore allows 30 days for such compliance. The use of a home as a transient rental is
not a permitted
use in the Lake and Stream zoning district. If you feel this notice was sent
in error or have any questions or concerns please do not hesitate
to call me. Thank you in advance for your cooperation. Sincerely, Steve Schnell-Community Development
Director.
That cease and desist letter also gave notice that a deck
had been built without a permit and included a permit application. Typical for
Steve Schnell are enforcement actions for already built decks, pole barns, and
commercial buildings. Mr Schnell continues to make the rules he never enforces.
He has created a career amending Planning & Zoning Ordinance #200 and that
effort is at Amendment #140 and counting.
Now, seemingly out of character, the Community Planner has
become “The Enforcer”. To give credit where it is due, Mr Schnell on his own
initiative has interpreted that a use by right, a single-family home allowed in
Lake & Stream Zoning becomes a different use if rented for less than a 30
day period. Do not look in Ordinance #200 for any mention of transient rental? There
is none. He has picked the wrong thing to enforce. Anyone already financially
impacted must direct the criticism toward Mr Schnell. No County Commissioner
and no Planning Commission board member asked him to create a problem where
there was none.
None of this is surprising from a Community Development Department
that wasted everyone’s time reading word definitions from a multitude of
dictionaries like a 5th grade spelling bee during the Heritage Cove
public hearings. Mr Schnell’s January 5, 2017 memo to the Planning Commission recommends
repealing Section 17.3. “Single Family
Dwellings. A building containing not
more than one dwelling unit designed for residential use…” Why? Will more cease and desist letters
for transient rental use follow?
At the February 1st meeting, Mr Schnell shared his recentlyacquired knowledge of short-term rentals. He was correct to address possible
negative issues. He had clearly been ignorant of the huge economic benefits to
the owners and the community at large. That was why the protesters were there. He
alleged growing numbers of complaints over the past few years. Really? Do those
alleged complaints have the same substance as the debunked complaints that
almost created a draconian ban on camper use in the county? I have already asked for records of all the
enforcement actions this year on “transient rentals” and the complaints, if there
are any.The attendees at the February 1st Planning Commission meeting were not supportive of Mr Schnell’s enforcement actions. The protesters came from all over and even
outside the county. They presented sound, sane, and logical reasons with some
sharing their personal situations and the economic need for short-term rentals.
Too many long-time residents lamented the economic slide in Cheboygan County
that is still accelerating. Job #1 is to strip the “Enforcer” of his
super-powers by defining short-term rentals as a use by right for any
residential neighborhood that desires it. The County Commissioners should take
this opportunity to direct the Planning Commission to tool a new planning
document that works to drive growth. Emmet County grows without benefit of a
Community Development Director. We can do the same.
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