Council Initiates Legal Action Against Code Violator
New Private Dock To Be Constructed in Island’s Mission Area
By Karen Gould

The City of Mackinac Island will take legal action against Great Turtle Lodge, a bed and breakfast that the city contends is operating as a hotel or boarding house in violation of the city’s building code. Licensed as a bed and breakfast, this single family residence must offer guests bedrooms and access to the common areas of the home, such as the living room, dining room, and kitchen, but the city is charging that the owners are renting out self-contained apartments against city code. The Mackinac Island City Council, meeting Wednesday, August 17, voted to take the matter to court and seek an injunction against the business, and the city also will initiate action to revoke the Great Turtle Lodge’s city bed and breakfast license.

Also during the meeting, Council received notification of a new private dock to be built on the Island.

City Attorney Tom Evashevski said the city has tried to work with Great Turtle Lodge, which is at the corner of Annex Road and Cadotte Avenue.

“We’ve had meeting after meeting and letter after letter explaining to the owners that they can’t rent out units,” he said. “That’s not allowable use. It violates the building code. This is a single family residence that was built according to that code and to rent out parts of it as apartment units would be a violation of the code. We’ve explained that a bed and breakfast must be a single family residence, which means you have to have your house open to your guests, and the only thing they can rent from you and lock is their bedroom.”

Mr. Evashevski noted that before licensing the business this spring, he had spent time explaining to the owners that they could not rent out the house as individual apartments.

The issue surfaced in an e-mail complaint from a recent guest at the business. The validity of the e-mail was verified by Mr. Evashevski and, although the city could not address the concerns of the former guest, it decided to act upon the code violations, which were verified in a conversation Mr. Evashevski had with the guest.

At the August 17 meeting, Council received a copy of a Michigan Department of Environmental Quality permit issued to Steve Murray of Petoskey for the construction for a 100-foot-long by eight-foot-wide open-pile dock. The planned dock will be located at the Murray family cottage near the Ste. Anne rectory.

The permit authorized the construction of a private, non-commercial dock. The permit expires December 31, 2006.

In other business, Council reviewed a business license and sign application for the tall ship Windy II , discussed reprinting the zoning ordinance booklet, got an update on possible new cable channels, approved 10 temporary motor vehicle permits, two new on-Island business licenses, and four off-Island business licenses.

A business license and sign application from Windy II , a tall ship from Chicago that had given tours from the Island, were approved with Council agreeing to wave all fees at the suggestion of Alderman Jason St. Onge.

The ship had donated 20 percent of its sales to the Mackinac Island Community Foundation. Jennifer Bloswick, director of the foundation, said the organization had received $533. She also told Council the ship would not be back this year, but she hoped that it would return in 2006.

Council tabled for the second time a decision on reprinting the city’s zoning ordinance. They want to further study the issue. Since all the city ordinances are available at the Municode.com Web site, not many booklets are purchased, the city must purchase a minimum of 25 booklets at a time, and amendments make the booklets out of date before all are sold.

Kelly Bean, assistant to Mayor Margaret Doud, said she is waiting to hear back from Charter Communications on a request for four more cable channels. Based on public requests, she has asked Charter to add Animal Planet, Golf Channel, Turner Classic Movies, and Food Network.

A temporary motor vehicle permit was issued to Belonga Plumbing to repair a waterline break. Phil and Lee’s Homes of Wells was granted six vehicle permits, three each for two modular homes being erected at Stonecliffe Subdivision Manor Three and Trillium Heights. Four additional permits were issued to Belonga Plumbing to begin work on the Jason St. Onge home in Stonecliffe Subdivision Manor One. Alderman St. Onge abstained from this vote.

On-Island businesses approved for business licenses were James Morse Contractor and Tanz End. Off-Island business licenses include Mackinac Parasailing, Les Cheneaux Contractors, Cliff’s Painting, and Coldwell Banker/Schmidt Realtor.

City Council next meets Wednesday, August 31, at 6 p.m. at the Community Hall.