focus returned to additional application questions that may be appropriate to ask as
part of the initial application in-take. Mr. Zenner reiterated, the purpose of seeking
this input was to hopefully make discussion on each application during the public
hearing shorter. He noted that several new evaluation elements were already
added into the last batch of staff reports. Commissioner Geuea Jones asked if
Commissioner’s had any additional questions that they’d like to have added to
application.
Aside from the previously discussed application questions relating to the number
of nights of prior rental in the past year, the distance that a designation would be
from the dwelling if they were the “long-term” resident and not on-site during STR
usage, and updating the application to ensure it clearly conveyed that the STR
Certificate was not transferrable there were no additional application specific
questions offered. Mr. Zenner noted that staff was presently reporting out on
“violations” associated with the subject property, referencing potential
“accessibility” requirements in more general terms, and had begun to make
comments relating to occupancy based on the stated bedroom/sleeping space
square footages stated on the application.
There was general discussion with respect to the potential of including more
expansive information on surrounding land uses adjoining STR properties as well as
being more deliberate with respect to the evaluation criteria that sought
information about STRs within 300-feet of a subject property. Mr. Zenner again
desired to seek clarity on how this standard would impact future STR decisions and
expressed concern that consistency would be necessary following the first
potential denial of an STR based on this criterion.
In the ensuing discussion, the Commission expressed concerns about STRs near
schools as they may inadvertently offer opportunities for persons that are classified
as “sexual offenders” the opportunity to rent such properties. This concern was
expressed given that several applications previously before the Commission were
across from schools; however, was offered more as an observation than a desire to
specifically restrict or have a default “denial” position when such applications were
to be considered. Several Commissioner spoke with respect to this concern and
much of the discussion focused on who was responsible monitoring and reporting
the locations of such individuals. The general Commission consensus was that it
was the sexual offender’s responsibility to comply with the Sexual Registry laws of
the State and that attempting to require an operator of an STR to do something may
be inappropriate via the STR CUP process.
As discussion continued, Mr. Craig advised the Commission that based on prior
questions asked about what the Commission could reasonably ask staff to research
or utilize as part of their consideration of a CUP he noted that those elements had
to conform to what they were authorized to do by their enable legislation and the
provision in the legislation that they were authorized to administer. He noted that
the present discussion was likely beyond the scope of authority established or
granted to them at this point; however, if a text change were proposed that
established criteria for evaluation the distance and spacing of STR from several of
the protected land uses discussed that could be a legal manner in which the
expressed concerns could be addressed.
Mr. Zenner noted that the staff would continue to provide land use analysis of the
surrounding conditions as part of the staff reporting process. Based on this
information the Commission could hopefully have sufficient information to may
informed decisions.
Having completed this discussion and given limited remaining work session time,