The Elk Rapids Village Council is discussing a proposed ordinance that would allow short-term rentals as a conditional use in the village's residential districts.

Several village trustees and some residents asked for discussion on the ordinance to continue to a time when schools aren't closed for spring break and seasonal residents are back in town.

At the packed Monday, April 2, regular meeting of the village council, residents expressed their opinions on the possible ordinance, with many supporting it and some asking for more strict restrictions on landlords.

The proposed ordinance defines a short-term rental as the rental of a residential property for a duration of less than 30 days. It also must meet two requirements: the rental's impact must have no more impact than a private home with guests and the activity there must not alter the character of the home in "use or appearance."

Brenda Moore, a principal planner with LSL Planning Inc. who consults with the Village of Elk Rapids Planning Commission, explained that when making recommendations to that group, there were several options for short-term rentals in the village. The conditional use was the most viable because it helps "ensure a certain level of consideration for residents," according to a letter from Moore to the planning commission.

She said options included classifying them as a commercial use, which would have eliminated shortterm rentals as they now exist in the village. Alternately, they could be registered and licensed, which requires a "whole new layer of enforcement" that she explains in her recommendations to the planning commission would "entail allocating significant additional human, fiscal and data resources" to begin and maintain.

Another option would be to classify short-term rentals as special land uses, which would cause initial and ongoing monitoring of the village's many short-term rental properties. With that option, there is the added difficulty that some rentals would be "grandfathered" as non-conforming whereas newer landlords would have to go through the permitting process.

Yet another possibility would be to require no special regulations, which would rely on the village's General Code to control problems at the rental.

The final option -- and the one being pursued -- is to allow short-term rentals under some conditions. If the conditions are met, then the use could continue without special approvals, registration or permits, according to her letter to the planning commission.

Village president Dan Reszka opened the public hearing by explaining the background of the issue, which has been discussed since a November 2004 letter to village council that asked it to look at short-term rentals. The village council then wrote a letter to the Village of Elk Rapids Planning Commission in April 2005, asking it to look at all "residential rental concepts," he said.

The planning commission formed a short-term rental sub-committee in June 2005 that operated until January 2006, when it sent recommendations on the issue back to the planning commission. That group then spent a year discussing the topic before it made a recommendation of the currently proposed ordinance to the village council.

"There's nothing that's been secretive or hidden," Reszka said.

Planning Commission chair Matt Webb, who spoke during the public hearing, reiterated Reszka's comment. He said most residents didn't attend commission meetings or public hearings on the topic.

"We didn't slide anything by because people weren't here ... We have not tried to slip something by," he said.

It is the planning commission's concern that it does what's best for the community, and he said it would be willing to tweak the ordinance or stiffen regulations.

Zoning administrator Steve Ravezzani clarified the history of the ordinance, adding that reviews by the sub-committee and the village's attorney, Michael Kronk, were non-conclusive and showed differences of opinions about the issue. He said the topic was difficult to consider because of the differing opinions and non-conclusive reports.

The sub-committee and planning commission did its best to come to a consensus, and Moore was recruited for help once her hiring was approved by the village council, he said.

Residents comment on issue
ELK RAPIDS -- During an April 2 public hearing about short-term rentals, residents packed the Elk Rapids Village Council chambers to voice opinions on a proposed ordinance that would allow the practice in residential zones under some conditions.

Paul Hresko, a resident and business owner, spoke first, saying he "came prepared for a different type of scenario." He said the discussion of the possible ordinance was positive and he was pleased with the report of Brenda Moore, a principal planner with LSL Planning Inc. who consults with the Village of Elk Rapids Planning Commission. Short-term rentals help downtown Elk Rapids stay afloat, he said.

Resident Royce Ragland, who said she owns a long-term rental duplex, said she isn't against short-term rentals, but she believes the current proposed ordinance is "ill-advised" and may affect the village's virtues. She said she feels the village is reaching a tipping point where it favors business over residential issues. The village needs to evaluate the longterm effect of short-term rentals on the community, she said.

Resident Vicki Harrett, a former village council and planning commission member, said she thinks the proposed ordinance is good, concise and can be added to if needed. Codes exist that will address issues of trash, lawn maintenance, noise and other problems, she said.

She asked Mike Miles, Village of Elk Rapids Police Chief, if short-term renters should be registered just to have knowledge of where to locate them in an emergency. There are usually no land line phones at shortterm rentals, she said. Miles said there hasn't been a problem with the lack of land line phones.

Resident Myrna Howse, a former village council member, said she agrees with the planner's recommendation.

She said she remembers when Miller's Park was full of strictly seasonal residents, but now those homes are occupied by full-time residents. She thinks people rent homes so they can eventually move here, and because of that, she thinks they're good for the community.

Resident Ken Bloem said there's a danger that when people love a thing too much, they can kill it. He said by bringing too many people to Elk Rapids, there's a possibility of killing the community. The proposed ordinance doesn't have enough controls, he said, adding that he encourages the village to move slowly.

Resident Robert "Jim" Dyke said he is a former police officer who has seen problems at short-term rentals. He said that as a law-enforcer he was once called to a home on River Street that had six families and a total of about 26 people staying in the house.

He suggested that short-term rental homes be required to hook up to the village sewer system along with other conditions. He said occupancy should be limited, overnight parking should be limited to the premises, owners or property managers should be available to respond to problems and a rental tax should be initiated to offset tenants' burden on the village's Department of Public Works, police, fire and compactor services.

Pete VanDenBerge, a planning commission member, said short-term rentals are part of the community's character, and he's always thought it's funny that "it was better to have a lousy neighbor long-term" rather than short-term.