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Petoskey ZBA upholds denial of first-floor short-term rental at 215 W. Mitchell
Summary
The Petoskey City Zoning Board of Appeals on July 1 affirmed the zoning administrator''s denial of a short-term rental license for the first floor of 215 West Mitchell Street, finding work done without required building permits cannot establish a vested right.
The Petoskey City Zoning Board of Appeals on Tuesday, July 1, approved a resolution affirming the zoning administrator''s Jan. 31, 2024, denial of a short-term rental license for the first floor of 215 West Mitchell Street.
The board''s motion, adopted after a public hearing and supplemental filings, said the Powells'' renovations were substantial but unlawful because they were performed without required building permits and therefore could not establish the lawful prior use necessary for a vested right.
The action came after the 57th Circuit Court for Emmet County remanded the case to the ZBA on April 7, 2025, directing the board to determine whether John and Mallory Powell (and the related business) had established a vested right to operate a first-floor short-term rental before the city''s December 2023 ordinance change (Ordinance No. 794). The Powells submitted photographs, expense records, floor plans and a timeline to the ZBA; the board reviewed those…
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