Montcalm commissioners grant construction variance for Crystal Lake accessory dwelling, require permits

The Montcalm County Board of Commissioners on March 24 granted a construction-ordinance variance for a Crystal Lake property owner seeking to use space above a new garage as temporary living quarters, but conditioned the approval on the owner obtaining the required building permits.

The action matters because the discussion raised questions about whether the structure was built according to the plans on file and whether the county is routinely being asked to approve accessory dwelling units after construction. Commissioners debated the propriety of approving a variance after the work was underway and whether local townships should set rules for such dwellings.

Daniel Kenyon, who identified himself as owner of the property at 2167 Straight Toll Boulevard, told the board he had built the structure primarily for family storage and occasional use by his grandchildren and their friends. Kenyon said he has owned the property for 27 years and does not rent or lease it; he explained the living space would be used for family visits mainly in summer months.

Building department staff member Phil said the building department had “no issues” with the project from a health-and-safety perspective but noted that granting variances is the board’s responsibility. Commissioners asked whether the original construction plans included living-quarters finishes; Phil said the plans did not include dwelling-unit features.

Neighbors who spoke at the public hearing supported Kenyon. Sarah Daley, who described herself as a neighbor, said she supports personal property rights and did not expect extra visitors to be a problem. Alan Jones, speaking on behalf of a neighboring owner, said the proposed use reflected customary generational and recreational use around Crystal Lake.

During the hearing several commissioners expressed discomfort that the built structure appeared to include dwelling features that were not in the original plans. “I don’t want to see people go to the building department and ask for forgiveness after they do something,” Commissioner Johnston said, expressing concern about changing what was permitted after construction began. Commissioner Peterson said he typically votes no on these Crystal Lake variances because he believes township zoning should control such decisions and because he lives outside the area and feels it is not his place to decide local neighborhood matters.

Commissioner Johnston moved to approve the variance and the motion was supported; the board amended the motion to make the variance contingent on the owner obtaining all proper permits from the building department. The board voted in favor; the clerk announced the motion carried.

What remains: Commissioners asked staff to verify which plumbing and electrical permits, if any, had been pulled for the accessory structure and noted that additional permit fees (if the structure is reclassified as dwelling space) may apply. Building staff said if the variance were denied, the project could be closed out as an accessory structure and used for storage only.

The decision follows precedent the board said it has repeatedly followed for Crystal Lake variances, and at least one commissioner said the county generally has not denied such requests. The board’s conditional approval leaves open enforcement around inspections and permit compliance.