Deadlocked Manchester Township Board vote leaves fate of island VRBO uncertain
At the May 8th meeting of the Manchester Township Board, Trustee and Zoning Inspector Carl Macomber moved that the board go ahead with a lawsuit to stop rentals on AshKay Island in Iron Mill Lake. Carl Macomber, John Seefeld and Gene Derossett all voted in favor of going forward with the lawsuit. Ron Milkey, Lisa Moutinho and Danell Proctor all voted against. Treasurer Laurie Carey was absent.
A tie in the vote means no action will be taken at this time. Jesse O’Jack, township lawyer, clarified that the question of pursuing the lawsuit could not be re-proposed by one of the yes votes; instead, it must be raised by one of the no votes. It was unclear whether Trustee Carey, who was absent, could raise the issue for another vote in the future.
Controversy over the island rental was first brought to the board at the end of the summer of 2017. Many of the residents surrounding Iron Mill Lake complained that the area was not zoned for what many call a “vacation resort.” Others also complained that the island was unsafe because of its inaccessibility to fire and rescue. The island home was built by Andy Bobo as a rental cabin that he makes available to rent via a professional website and with the assistance of VRBO.com.
VRBO and AirBnB have radically changed what an individual property owner can do with their property, and those new uses have profound effects on the residents who live near such properties. The decisions the Board makes regarding AshKay Island will have long-term implications for this township, and for the broader national debate over the tension between property rights and the power of zoning ordinances to maintain clear limits on property rights.
The dispute between Bobo and the Township spawned national attention after Bobo's January 2nd 2018 Letter to the Editor spawned a January 7th article in the Ann Arbor News. That Ann Arbor News article led to a January 13th Associated Press Article which appeared in the Detroit Free Press, The Mining Journal in Marquette, The Petoskey News-Review, The Grand Rapids Business Journal, US News and World Report, The Seattle Times, and even the National Post of Canada.
Many residents view the island rental as an illegal disruption of their community. At the time of the complaints from residents, the township asked its Attorney, Jesse O’Jack, to review the zoning ordinance in question and to render his opinion. O’Jack determined that the rental property was not permissible. The zoning issue was compounded by the fact that Carl Macomber, the township zoning inspector, states Bobo was deceptive about his intentions for the property. Bobo filed his forms claiming the house would be a private cabin for his family’s use but his plan to build a rental cabin for profit, in defiance of local zoning, was firm from the beginning.
You can read about resident complaints, Mr. Bobo’s defense, and about the nature of the rental here.
In October, after a month of deliberation, the township voted unanimously to take legal action against Mr. Bobo and his island rental. The first step of that action was a cease and desist letter stating that the rental was not permissible.
“As board members, we have a responsibility to uphold the zoning ordinances, and enforce them,” said Laurie Carey, Treasurer of Manchester Township. Carey added, “No one wants to restrict business, or trade, or traffic to our area, but under these circumstances I don’t think we have a lot of choice.”
You can read more statements from board members about the October 2017 vote here.
After determining the property was impermissible according to the zoning, and unsafe given that a treehouse on the property used for further sleeping space had not been approved as a living space, the board held many closed session meetings to discuss its legal options. At the same time, residents grew impatient while Mr. Bobo continued to rent the property.
It was in this context that many Iron Mill Lake residents came to the May 8th meeting to voice their complaints. Bill Kraus said, “I don’t understand how Mr. Bobo can have planned this all from the beginning. He has the island booked for the entire summer.”
Resident Charles Kumnick added that the island is unsafe, and that, “No one is taking care of these strangers.”
Trustee John Seefeld, concurred with these concerns about safety. “Our zoning ordinance does not approve this. I think this is an accident waiting to happen.” He then said, “I don’t think it should have operated in the first place. If there is a fire out there, it would just burn to the ground.”
Trustee Macomber then said, “He applied for all his permits for just his own family. I have a problem with it because he didn’t tell me the truth about it.”
After this, Macomber moved that the board finally take the next step of the legal action they unanimously voted to pursue back in October of 2017. He, Seefeld, and Derossett all quickly voted yes. But then Milkey, Proctor and Moutinho voted no.
The audience was audibly shocked. Some gasped. Some booed.
Even though there remained things on the agenda to discuss, most of the audience angrily left while board members struggled to proceed with their business.
At the end of the meeting, Susan Sabourin was one of the few Iron Mill Lake residents to remain. For the final public comment she stood and asked the board, “Why enforce any laws? I just don’t understand.”
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