Five years ago, Elmwood Township residents asked the township board to protect Greilickville residential subdivisions from the growing proliferation of Short-Term Rentals. At the time, STRs were unregulated, so the board asked the township Zoning Board of Appeals to determine if STRs were an allowed use. The zoning board determined that they were not.
When residents began submitting complaints to the zoning administrator, the board scheduled a special meeting to discuss how the zoning board’s decision would be enforced. Instead, at the last minute, the board adopted an enforcement moratorium to give the township planning commission time to propose regulations aimed at allowing STRs within the township.
After 1.5 years of intense scrutiny, the planning commission adopted the zoning administrator’s recommendation to allow STRs in all zoning districts except residential-1 (which refers to single-family homes). Yet, when the matter came back to the board, they didn’t even consider the planning commission’s extensive work and totally ignored its recommendation.
On May 19, 2021, Save Our Neighborhoods In Elmwood (SONIE) submitted a petition signed by 265 township residents requesting STRs not be permitted in Greilickville residential subdivisions. Surprise! The board never even acknowledged same.
When SONIE argued STRs were a “commercial use,” the board deleted the word “commercial” in the proposed STR definition and stated that STRs were a residential use. When residents asked the zoning board of appeals whether STRs were a similar use to the township’s “motels” definition, as Michigan courts determined they were, two days thereafter the board changed the STR definition again stating STRs were not to be considered motels.
Notwithstanding, on Sept. 30, 2021, the board directed the planning commission to remove STRs from Greilickville subdivisions using an overlay district or zoning district’s amendment. But two years later, nothing had happened.
On Dec. 11, 2023, I was given the opportunity to make a presentation before the board recommending a simple compromise: namely, creating a new zoning district (R-1a) encompassing existing R-1 residential subdivisions in Greilickville wherein STRs would not be allowed. By a narrow 4-3 vote, the board agreed to have the planning commission consider my proposal.
But alas, while I was out of town, the township changed its mind yet again. Whereas I thought my proposal was headed to the planning commission, under the Feb. 12, 2024, agenda heading of “Possible Closed Session to Consider Attorney Written Opinions” the board, with no advance public notice of any kind, voted 4-2 to rescind its motions of Sept. 30, 2021, and Dec. 11, 2023.
That evening, township Treasurer Chris Mikowski said “she saw no reason to go above and beyond to do an overlay …” However, Trustee Kyle Trevas said, “Fear of potential litigation should never prevent us from doing the right thing.” And I couldn’t agree more.
At worst, the board has been consistent. Accordingly, I’ve decided to challenge Elmwood Township in circuit court, alleging a possible violation of the Open Meetings Act due to the board’s total lack of transparency.
Hopefully, I’ll prevail. Government needs to be more accountable to its citizens. Sunshine is, indeed, life’s best disinfectant.