Debate Continues over Vacation Rentals in Torch Lake Township
By Brian Westrin, MAR Manager of Legal Affairs

In Torch Lake, the debate over vacation rentals continues. In April, 2005 the Torch Lake Township Zoning Board of Appeals interpreted the existing township zoning ordinance to eliminate the rental of residential vacation properties in residential zones for less than 30 days. MAR views this current interpretation as an extremely burdensome restriction limiting the rights of property owners to maximize the value of their homes.

The issue is now before the Planning Commission. They have the authority to visit the existing ordinance to determine what (if anything) should be done to speak directly to the issue of vacation rentals in Torch Lake Township. Michigan is relatively new to the debate over restricting vacation rentals. Many communities across the state have allowed rentals to persist absent any direct language within their zoning ordinances. In many ways, the discussion in Torch Lake Township will have a profound influence on the actions of neighboring communities. From both a property rights standpoint and a community welfare perspective, MAR questions the rationale behind a strict ban on residential vacation rentals in Torch Lake Township.

During the course of the last three meetings of the Torch Lake Planning Commission, discussion has developed as to the practicality of a licensing scheme as a means to find a middle ground on the regulation of residential vacation rentals. This is an approach that MAR favors. Licensing, or conditional use permitting, has been utilized as an effective compromise in many communities across the country to balance the right of property owners to maximize their property value while maintaining the privacy and serenity of those who live in Torch Lake Township year round.

The Planning Commission plans to present a survey to the citizens of Torch Lake Township to determine the public attitude towards vacation rentals. If you are located in Torch Lake Township, or have ever vacationed in the area, I encourage you to voice your opinion to the Planning Commission about this issue. It is important for the community leaders and the citizens of the township to consider the potentially detrimental impact that a ban on vacation rentals could have on a local economy, which is largely based on seasonal tourism activity.

To contact the Township offices:

Township Offices & Community Hall
5081 N US 31
PO Box 713
Eastport, Mi 49627

Or call Brian Westrin, MAR manager of legal affairs, at 517.334.5558 for further questions.