Planning Commission - Regular Meeting

is absent. Mooney here, Parker here, Robin and Chair Beal here. All right. Could I get We have the agenda for tonight. Um Harrison talked to me that we actually have a public hearing tonight. So, could I get a motion to approve the agenda with an amended public hearing on it and we'll open it because we have the short-term rental on here, so it just wasn't included in the original agenda. So, any questions on that? Uh motion to approve. Any seconds? Second. Um all those in favor? I.

All right. Sweet. Thanks, guys. And then can I get a motion for the approval of the minutes from our December 16th, 2025 meeting? Motion to approve. Second. All those in favor? I I Awesome. Any correspondence? Harrison. Yeah, we received several correspondents um regarding the short-term rental proposed for 917 West Savage Street uh number nine.

Okay. Um, I actually have an additional one that didn't make it into the packet if you want to take one and just pass it down. So, this first one, we received a call on Monday um from Joe Hill Hilbert who lives at 101 Milp Point. Um, he wanted to bring it to your guys's attention that he is opposed to the short-term rental because he doesn't feel it builds community. Um, and he couldn't make the meeting tonight. Um, secondly, we have a uh email from Sue Hunt, the president of Lakeoint Condos and Town Homes. Um, in this email, um, she sent over the bylaws of the condos and, um, stated, um, that they are opposed to the request for a permit um, due to the bylaws and, uh, Lake Point Condos already having 10 owners renting out their units. Um, and their maximum, I believe, is six renters renting out their units. And finally, I have one more, um, from a Lori Butler, um, speaking against the, um, request for a short-term rental. And then one more, we did get a a similar call to um the correspondence received from Sue um from the management of the condo company just stating the same thing, pointing out the bylaws and speaking in opposition of it.

Thanks. Yep. Okay. So, we're going to move on to statements of citizens for agenda items only, but we're also going to have a public hearing. So, once I open the public hearing, you could also talk then. So, if you'd like to make a comment now, you can make a comment now. Or it would probably be more appropriate at the public hearing, but up to you. Okay, we'll move on. So, new business. Do you want to start with just the special land use or open up to a public hearing first? The public hearing comes first. Um, motion for that. Do you need a motion to open or No. No, I don't believe so. I don't think we need one hearing. No. Do we? Dave, for enough of the hearing to open it. Okay. No motion to open.

Take it away, Harrison. Thank you.

Um, so we received a short-term rental application for um from Christopher Hendris for a property located within the Lake Point condo building at 917 West Savage um number nine. So for this um went through the special land use standards uh there are no lot size setbacks or outdoor congregating area concerns since it since it is a um condo building. Um looking at occupancy uh bedroom one has a square footage of 155 ft which would allow for three occupants in that room. And then the second bedroom, which is marked den on the floor plan, uh has a square footage of 110 square ft, which would equate to a occupancy of two. Um so based on a maximum occupancy of five people, sorry that there is a typo there. Two parking spaces would be required.

Um the applicant has one parking space that has been assigned to the unit. Um there are five spaces also outside of the condo complex that are for um general use for the condos. Um the applicant uh reached out and asked for um you know confirmation that these spots could be used for short-term rentals. Um and that was um not granted. There's the email chain is also in this packet. Um,

so there's not enough parking for the um proposed use. I'm here for any questions uh relating to it. So of those five, none of them are available for this unit. No, there's um an email chain I believe in here in the packets. See that? Okay. from the management of the um condo unit saying that two directly up front are for day parking only and three in the center plus the handicapped ones are for visitors or service workers. They are not allowed for renters or tenants of the rental property. Okay, thank you.

Want the applicant to speak now? Yeah, if the applicant is here and you'd like to speak, that would be great. Michigan. And uh the area. Did you want to go over the question that I emailed you about?

Sure. Or would you like to open the floor to public first and then do that during new business?

Yeah, good idea. Let's open the floor for any other public comments. If anyone would like to speak now, you could state your name and address and you can address the planning commission. daily basis.

Association. Um, that occurred validates the bylaw requirements. They're violating the

All right. done.

Yep. Um, so forunately So,

I don't know to raise your hand. Well, I've always have to raise my hand when I'm over there, so I figure I have to raise my hand over here. Um, I'm a little confused here. Uh, Chris Hendricks comes in here as the owner. Okay. And now we find out that it's Anchor Point Reynolds LLC. Is that your company?

Okay. Okay. Right.

Okay. Well, but what I Okay, here's what I don't understand. When you bought it, were the bylaws in existence?

Okay. Okay. Okay. So, we don't have to like sign anything. Yeah, they and say that they're going to follow the bylaws or by buying the condo, you follow the bylaws, basically. Is that how it works? I don't have a I don't know how condos work. the bylaws as okay

okay so I guess what I'm saying is you should have known of that okay so that's that's all I was trying to make clear ju just to follow up on on your question the bylaws that are in effect now I think I saw they were adopted in 2023. I I think I saw the document somewhere. Yes.

It looks like April April 2023. Yeah. So, and to be clear, this this is not a grandfathered property. Correct. Okay. grandfather. Oh, we could have got

Oh, okay. grandfather new owner.

Well, they and when if they if someone buys the grandfather, it sounds to me like the person who's leasing it at the time can still run that lease out and then they have to No, they can't. They lo they lose their spot. They lose. You lose your spot. Okay. The total number of spots, right? No, but I'm just saying if someone's in that unit, right, do they have to leave immediately when they sell it? Yes. No, I read it. But anyway, so and then that that six is total including grandfathered,

right? The gr the grandfather puts it over, but Yeah. Yeah. Right. Okay.

Okay. So though should say the 10 units become sold, the wait list kind of gets absorbed.

So because unit 9 is on the wait list once that time comes up, it would be eligible for a short-term rental. Mhm. my knowledge. And really it would be my understanding that all of these 10 other units have to have planning commission approval to occ to to operate as short-term rentals

depending on what date they became one. Didn't we grandfather and property? So it all depends on the date. So really that's part of the process from here on out no matter what. So, even though it's part of the condo association, they really would still have to have

approval to operate as a short-term rental. understanding they occup. Yep. people don't really.

So now we're That's where All those Okay,

I have a couple questions for for staff. If there's any questions for Will William I I guess I do have So what is the I if the bylaws are broken by a tenant or an owner of a a condo? What is what's the sequence of events that follows after that?

So then That could be the personally I don't like in that creat They come in. We all just things that happened.

Understood. One more. I read I read Does does each condo in this building only have one parking space or is there availability for this unit to gain a parking space somehow? Okay. Okay. Okay.

It comes I can speak louder. Let me know. But I believe yeah, all the two bedrooms come with one, but maybe I was wrong. I was parking. Okay.

Okay. Street people Yeah. Okay. Any other questions for William so we can discuss? I do want to chat Harrison about us talking to the attorney. So, thank you, William. Um,

thank you.

Yes, thank you. Yeah, Harrison, I just want to know. Um, so yeah, immediately I said, "What does the attorney say?" because I'm not an attorney. Um, just noting if we approve the application, our approval does not override their bylaws.

It's not related. That is very like just because we say you can do it. I would like to check with an attorney that the condo association could sue us. I don't know if I would like to check with an attorney, but this isn't our overlay district. So, I guess I would try to separate separate the bylaws and that whole situation from actually approving this because like the applicant said, he's getting on a waiting list. So, even if we approve this, he cannot he cannot have a short-term rental there because he is in a condo with those bylaws as part of his purchase agreement. So, that would be my understanding as well. Right.

Is that correct, Harrison? Is that what you were that's what I gather from the attorney's response? That's right in our ordinance.

Yes. So section 390-3 of the zoning ordinance states this chapter shall not anull any easement, covenant or private agreement where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provision of this chapter shall govern. Um Crystal from Crystal Morgan um said that I do not recommend denying an application based on the request from the association. The village is not a party to the restrictions/covenants and cannot be charged with enforcing them. Um so yeah, I gathered the same thing. Um

okay. You're ownership. What?

Sure. What was the term you used specifically toward? William, can you come up to the podium, please? If you're from the audience, you're going to be speaking. You're not done yet.

And the Yeah. of a blizzard. I think it tells you

Okay. All right. Commissioners, let's Would you like to close the public hearing? Yeah. What do you recommend, Harrison? Close the public hearing and then the applicant can speak during the Oh, okay. So, do you want a motion to close the public hearing? No, I don't. Okay. Let's close the public hearing at 6:34 p.m. And then you want the applicant back up to answer some questions. That's up to you guys, but he can talk with you guys. So, it's not public. As a point of clarification, Harrison, we're we in this application, we are saying that this unit

can be a short-term rental. That's if you approved it. Yeah. Okay. So, we're it and if the the reason I'm saying that because we're saying that this this unit meets the standards the standards for being a short-term rental. That does not say ignore your bylaws, skip the weight list, and risk the legal fees.

That's yeah, I would follow the the attorney's recommendation is I do not recommend denying an application based on a request from the association direct. So, I would say we should look at it based on the unit itself, the parking, the how we do it normally, right? But it makes it confusing obviously with all the bylaws and stuff, right? I have a a a quick question uh of the 10 units that are currently grandfathered in. Has the planning commission looked at any of did we give approval for any of those or I would have to look it up. I'm not 100% sure though. I don't there are definitely some of them that did not come

because I know we've looked at short-term rentals in other condos and I know how we handled that. I just wondered if there's a precedent with this. Well, I've been here. We have not done one in this building and I don't remember it. We had previous condo rentals that were bound by their parking agreement where we say based on the occupancy it needs to be two parking spaces.

So, only has one. We had one in um I believe it's Mill Point that I handled. Um and during that one, it only had one parking space that was in like a little garage for them, one or two spaces, and they needed an additional space, but they got approval in that case from the management company to use the shared lot uh for short-term rentals. And there was a a letter from the management company Okay. So, in this case, we potentially would have to reduce occupancy based on the parking spot available.

So, in the short-term rental standards, um it says for parking, the applicant shall provide parking location information on the site plan. This shall be considered the designated parking area and include the following information. A minimum of two off- streetet parking spaces shall be provided per unit up to six occupants plus one space for every three occupants over six based on approved occupancy for the dwelling. So we're two minimum regardless anywhere in the village. Oh,

I mean it it says a minimum of two off- streetet parking spaces shall be provided per unit. Okay, that's minimum. Yep. And it's I mean we still have if you'd like to read it approve short-term rentals how we see fit. we can have conditions. That's how we've done it in the past. Harrison, I I do have a question. This I I've heard all about the short-term rentals and the controversy within village. Is this building allowed to have short-term rentals? It is in the overlay zone. Yes. Yes. Yep. So, it is in an area that can have short-term rentals. Yeah.

It's just the condominium association's bylaws say six, but you haven't gotten there yet because of the 10 grandfather clauses. addition. Okay.

Oh.

Do you have any thoughts? Welcome to the planning commission. Welcome. Well, my wife owns a short-term rental business as well. Okay.

But all ours in Grand H are in Grand Haven because a little more difficult to work with. Uh and and I just I wondered too what the lawyer said because, you know, we're not here to deny that they own and that they want to rent and that's all. I just I looked at that condo too and we didn't we didn't because we knew that we couldn't rent it. Um but I don't know what comes first, chicken or the egg, right? So I think if the HOA can handle it, then there the parking is the only concern that I don't know if we've ever not deal dealt with. So, right.

Any other concerns we're seeing besides the parking or would we say the parking is the main issue. Is there a garage in there? Is that the one spot, right? Yeah. Yeah. Yeah.

Right. And the problem is that they were they got their short-term rental approved before all these rules. So now we're trying to Yeah, I know it can be unfair, but these are the rules now that the village adopted that we everyone could publicly comment on. So um I guess the question one of them would be what are our thoughts on the two spaces we say you need to this applica applicant can clearly only provide one. Are we willing to reduce occupancy and give them some liberties or are we just saying no? What are you thinking, Kelly? Are we able to reduce occupancy is a legal like square footage? Okay. Yeah. I don't think we can arbitrarily reduce occupancy, can we?

Well, and I'm hearing that whatever the occupancy, we need two spaces. Is that correct? Are we just not This seems pretty straightforward. Yeah. So, a follow-up question to that. We've learned that the three bedrooms get two parking spaces. Would the three bedrooms have an occupancy that would require more than two spaces? I think the occupancy goes down. So then another space. So they would need it. So every unit in this building would not be able to comply

comply based on our current standards. I question. Yeah. three bedroom unit with the two spaces. Then we could specify occupancy. Yes.

Okay. Okay. Okay. Gotcha. Can Chris buy another spot? Are there is that

are those? Yeah. That's how that works. So you can purchase other ones within that community if you talk to other people. Yeah.

Okay.

That's only my only hangup is the parking. Yeah. And and just the lack of official public parking, even street parking in in the area. And we can't legally say you can park at Dr. Ralph's or it has to be two off street is what our rules say. And if we're if someone wants to say they want to change that, that's a whole different discussion. But today it's too off street, then I guess we're saying that's it. So have we had any other special land uses where they could not provide the the parking?

Yes, I I I believe there was one case where we did reduce from the like exact square footages, but it was not below two. It was like from like four to three spaces or something like that. Okay. Gotcha. I guess I have my only concern about this is everybody seems to be getting the cart ahead of the horse. I mean, if you don't if your agreement says you can't do it, why are we in the middle of doing this if they can't do it anyway? It seems Well, because that's not our that's not our that's not our call. Yep. Our call as a planning commission is to determine whether or not one, the property falls within the overlay zone, okay, that we approve short-term rentals in.

Okay. And two, to verify that the property meets our short-term rental. Oh, it it does do one, but it doesn't do two because it only has one parking space. Yeah, I think we need to really focus on park. We cannot look at their bylaws. That does not concern us at all. It was good knowledge, though. Good to know. I've learned a lot, but it does not that's not our perview. So I can we can we table this? That is an option. Yeah.

To bring them back and talk about parking again. You said you said that you can make a call because if that's the only thing that we're standing on, we either I mean our options are deny it based on parking, approve it, but set a precedent that will allow less parking. True. Or let him try to get another parking space. And heck, if we deny it and he has to reapply, does he have to pay the fee again to reapply? Yes, I would I would assume so.

Can we table things? I know in the past the attorney doesn't like when we table things. I do not know from the attorney's opinion, but it is an option on the the memo. If there was two spots, would you guys feel a c a different way? If there's if there's two spots, I don't see any way that we could the overlay zone. it meets the parking requirements. So I guess that and with the two spots we would designate the occupancy based on the parking that's available and the number of beds and so on.

And I really I see that as our role. You know the bylaws are an utterly different universe. seems pretty clear from the statute. I guess Mr. Hendricks, the are our are two options here to to table it, which would give a month, right? You' just be put back on the agenda. Um or we would deny it and you would be able to go on your own time. You're still on the wait list. It's not from from my understanding, you're not planning on renting this next week.

Um, well, yeah, that would save you money. You wouldn't have you'd have to pay the fee again to apply technically. It is. It is my concern because I asked about it. I don't want you No, I don't want you to pay $500 twice. I really don't. Yeah. Oh, I do have a question. How long can you table it? A month? I don't know. Can you table it indefinitely? No, I don't. Yeah, we're looking for information questions.

There's no upper limit to it technically, but common sense. Uh my concern would we we table it and it drags out and then we're coming back in August and hey I got another parking space now and we you know that that just seems like that should be a new application at some point in there right um may if we were to table it I would say maybe make an administrative note that we want to bring this up and resolve it at the next meeting. Yeah. Yeah. Could we have a condition of tableabling that it has to be resolved within X days? Otherwise, they would have to reapply to set some ground rules. I need the attorney here at all times.

Just that we plan to bring it up at the next meeting. Um, if there's no bases are a deed thing, right? So, it it isn't realistic next month. I mean, it takes how long to close on on like a deed? Yeah, that's that's what I'm So, do we maybe 60 days? Yeah. What would be realistic? I'm interested in doing that question. Guess if this were I just

is this the precedent we want to do in the future for like let's say a single family home and they have one parking spot and then they find out they need two and they'll they'll say to us, okay, we'll pour a driveway, you know, we'll make another one. Can you table it? Is that the precedent we want to set? I'm not saying it's right or wrong, but like is that the president we want to set? You know what I'm saying? something to think about. I don't know the answer. I just am questioning it. Well, I don't want to cost anybody, you know, hundreds of dollars, right?

Uh at the same time, we're kind of looking at a case where this doesn't seem to meet our requirements as it's standing in front of us here tonight. and the idea of putting it off for 60 days, 90 days, a year in hopes or expectation the situation might change. That doesn't seem like a very good move either.

Um, you know, because at that point we're talking about an application with different facts. And that sounds, you know, the really clean way to handle it would be say, "Hey, you know, you know, the the parking problem, you know, is sticking point. If that can be resolved, reapply." Um, but that's still to be clear, it doesn't sound like that would override the bylaws of Correct. I'm kind of of the mindset knowing that the parking is kind of the hangup. Um, I'm not necessarily opposed to giving the applicant 30 days to potentially explore other options.

I think Kelly Kelly swayed me and they don't want to do is set a precedent where we're tableabling every application and then just kick if they do get a new parking space. What I'm understanding you're saying is that that's that is essentially a new application, right? Different conditions. That's true.

So, as much as I don't want to have people spend money, um I also don't want to kick the can down the road on every application. Thoughts from you, David or Nate? Again, new rule is two that they need to have, too. I'm I'm concerned that others don't have that don't meet that same rule, but you know, we have to go from where we are now. Right. Right. Anyone ready to make a motion?

What is anyone ready to make a motion of what they're feeling? You can always uh I'm I make a mo I make a motion to deny the special use application by Christopher Hendricks based on based on based on inadequate parking for this short-term rental unit. There's a specific motion in the memo. I can read it if you want me to.

I'll read it. Uh, I have a motion to deny the special use application by Christopher Hendricks for a short-term rental at 917 West Savage, uh, number nine, street number nine, and direct staff to draft a formal motion and report for those discussion points, which will be reflected in the meeting minutes. This will be reviewed and considered for adoption at the next meeting. So moved. Second. Second. I can do a roll call vote if you'd like or do we want to have any discussion before we vote? Would the discussion happen now?

Yeah, usually when you put a motion out then you discuss it. But I mean, yes, anyone has anything else to say? We've already had a lot of discussion. We do have to allow for it. So, yeah. Okay. So, we got a motion on the table. Um, yeah. Let's do a roll call. Jordan, please. Roin. H. Yes. Parker, yes. Mooney, yes. Frank, yes. Guy, yes. And Cher Beal,

yes. Okay. So, next we're going to go to statement of citizens for non-aggenda items only. So, if you have anything that's not related to the agenda, uh please feel free to come up to the podium. Okay. Comments of planning commissioners. Nate, would you like to start? Just a time to say whatever you'd like or you can go last. Yeah.

I just say thanks. Uh it's a pleasure to be here. I look forward to working with you all. Thank you, David. Yeah, I um yeah, I'm I'm starting to learn how the mechanics work. So, thank you for that. I I do have a question about uh one of the Can that be asked now or is that you just doing This is your time.

Okay. So, uh Windsor Place um which is under construction right now. Um, and I sort of walk by Windsor Place every now and then. And I've noticed that uh the sidewalk's way up here and the buildings way down there and it's in a very short uh space. And what I'm wondering is what's going to be done for Windsor Place because you have a opening to a door that's about three feet below the sidewalk and about 10 feet away from it. How are they going? Yes. How are they going to resolve that? Is is that something we as a plan commission can ask or I guess that's my

I have a staff meeting tomorrow at the village. I can ask about that. Yeah, I I do remember some retaining walls in in their site plan. Um but I don't think that it I remember looking at the grading. I don't remember exactly what that was. Okay. So yeah, if you could look into that because I was sort of I was curious about that. I'll just give this to you. Okay. Other than that, thank you for being patient with me because I ask a lot of questions. I feel like we all were asking a lot of questions. How about you, Nick?

Um, I just I wanted to state that this like I liked that our decision was not swayed by HOA verse tenant conflict. Um, and I learned a lot about bylaws today. So, yeah, I wanted to state that that like it it was not denied based on these bylaws and all of this. It was solely based on that that parking space. That's it for me. Just welcome to our new new member. Glad to have you.

Oh, yeah. Welcome. Welcome. Yeah, I'll echo what you said, Nick. I'm sorry your application didn't get approved. I'm sorry. It's in the overlay because we want it there because it makes sense, but we can't control what the HOA laws are. But if you get another parking space or you can make a case that we should revise it. You're welcome to do that and go to the village hall and say, I think there should be a case for one sp one space and we could consider that language. It's it's possible. Well, I can't say it will happen, but I mean that's your that's your right as a village as a person who lives here. Um,

thank you. Thanks. Staff report. I have nothing of right now. Let's do a motion to adjourn from someone. Second. All right. All those in favor? I I motion uh meeting ends 657.