Mary's Bistro Request Raises Question for Planners: Is it a Deck, or a Dock?
By Karen Gould

A proposed permanent structure to replace the temporary awning over the outdoor eating area of Mary's Bistro has Mackinac Island Planning Commissioners asking whether the location qualifies as a deck or a dock. The Iroquois Hotel stands in the background and pictured in the foreground is the boat dock for Star Line Ferry.

A proposed permanent awning for Mary's Bistro on Mackinac Island, approved by the Planning Commission in December, now has board members questioning their decision and the process they used to make it.

The board agreed Tuesday, January 9, to table the issue until it receives legal advice, and will put owner Victor Callewaert's request on the February agenda.

Mr. Callewaert and city attorney Tom Evashevski were not at the meeting.

The summer restaurant has a canvas awning over its lakeside deck, and Mr. Callewaert proposes a permanent overhang.

Planners are not sure whether the outside eating area is on a deck or a dock. If it is on a dock, the Michigan Department of Environmental Quality (DEQ) may need to be involved, since they regulate structures on bottomlands. Commissioners also questioned potential use of plastic curtains that can be lowered during inclement weather. If glass, screens, sun drapes, or other items are used on sides of a structure, it is considered an enclosed structure under the city's zoning ordinance. The ordinance, however, does not address areas that are enclosed only part of the time.

Seen from the water's edge, the metal supports at Mary's Bistro remain, while the canvas awning has been removed for the winter. Pictured on the right is the boat dock for Star Line Ferry.

The city approved the building permit in December, pending architectural review, but during that review, city architect Rick Neumann of Petoskey raised the issue of side curtains. Now, commissioners believe they should have waited for the architectural review and any required DEQ permits before approving a city permit.

A request for a lot split by Isaac Bunker for his Harrisonville property will be returned to the City Council, which had sent the item to the Planning Commission for comment.

Commissioner Mary Dufina said the decision on the matter would rest with Council, saying, "There is no procedure for a lot split. It's been done willynilly for years."

The lot contains a four-unit apartment building and singlefamily home. The city's zoning ordinance allows three dwelling units on that size lot, although a variance held by Mr. Bunker allow up to five dwelling units. A setback variance also exists on the property, with the rear setback less than the required 25 feet.

If the lot is split, the two resulting lots each would be smaller than the minimum lot size of 5,000 square feet and would require variances for front, rear, and side setbacks.

Mr. Bunker told the Planning Commission he wants the lot split so he can separate the tax bill.

In another matter, commissioners approved an amendment to a zoning application that was approved in November for the Iroquois Hotel's winter construction project. The amendment calls for a new design to an exhaust pipe coming from the kitchen area. The bare pipe runs up the west side of the building. The change would include using two pipes and enclosing them to improve the appearance of the hotel.

Commissioners approved the project pending architectural review.

Renovation work is underway on the kitchen and handicap accessible restrooms are being added to the entrance of the Carriage House dining room.

Mar Pulte received architectural approval for renovations to her Lesley Court condominium, although commissioners decided to table the request until confirmation could be received that the appearance of sliding doors meets architectural standards used on the Island. The project includes the addition of more windows and sliding glass doors. The doors must be hinged doors or have the appearance of being hinged, like French doors.

The Planning Commission next meets Tuesday, February, 13, at 2 p.m. on the second floor of Community Hall.