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Planning Commission denies short‑term rental for one unit at 4290 Cass Elizabeth, approves a second unit with conditions
Summary
After extended public comment, the commission denied TJA Investment’s request to allow short‑term use in unit 1 of 4290 Cass Elizabeth, citing incompatibility with the Master Plan, but approved a separate application for unit 5 with conditions limiting the approval to the owners, occupancy, noise rules and a monitoring program.
The Planning Commission split its decisions on two separate short‑term rental (STR) special approvals for units at 4290 Cass Elizabeth on the same owner’s application.
At 6:29 p.m. Director Jeffrey Polkowski introduced the first request (unit 1) from applicant Joseph Attisha of TJA Investment, LLC, who said short‑term stays would be used only during vacancy periods while prioritizing long‑term tenants. Mr. Attisha said he and his wife have managed rental properties in Waterford for years and proposed owner‑specific conditions and oversight.
Multiple neighbors and tenants spoke. Supporters said Mr. Attisha has improved the property and manages it responsibly; Karen Prentis (4255 Cass Elizabeth Rd) said he is “a very attentive landlord.” Opponents raised concerns about lake access, noise, security and the precedent of authorizing STRs in attached residential buildings. Craig Linderman (960 Sunset) opposed the request, citing noise and disturbance concerns. Director Polkowski reminded the public that the township’s Special Approval process is case‑by‑case: “A Special Approval does not set a precedent,” he said.
Commissioners debated parking, pedestrian safety and whether allowing two units would blur the line between apartments and a hotel. A motion to recuse Commissioner Art Frasca failed. The commission voted 4–2 to deny the special approval for unit 1, finding the use incompatible with the Master Plan and surrounding land uses (Ray/yes, Kramer/yes, Wall/yes, Printz/yes; Smith/no, Frasca/no).
After a recess, the commission considered a separate application for unit 5. Mr. Attisha again emphasized long‑term tenancy would remain the priority and proposed house rules including a minimum stay and occupancy limits. Supporters and some neighbors indicated one unit might be acceptable. The commission approved the request 5–1 with a set of conditions: the approval is personal to Joseph and Siba Attisha and nontransferable; the applicant must continue to manage the property; renters may not bring motorized or electric watercraft; short‑term stays are limited to a maximum of four occupants; no parties or gatherings; required parking in the driveway or adjacent easement; quiet hours between 10 p.m. and 7 a.m.; a noise‑monitoring program; and a minimum stay of two nights. The motion was moved by Matt Ray and seconded by Dave Kramer.
The differing outcomes reflect the commission’s attempt to balance neighborhood concerns about compatibility and safety with the owner’s stated management plans. The approval for unit 5 includes enforceable conditions and reserves the commission’s ability to revoke the approval for code violations.
