may be premature.
As discussion continued, it was noted if a long-term tenant had agreed to certain
stipulations/conditions when signing a long-term lease that provided for use of the
dwelling as an STR that was a private contractual matter that the City would not be
privy to. The adopted STR regulations do not stipulate that when a property is in
dual rental status that the long-term tenant must be the STR licensee. Rather the
regulations permit a long-term resident the right to apply for such a license if
approved by the property owner. The property owner is in control of how they will
use their single licensure.
Mr. Craig noted that long-term tenants have rights conferred to them by nature of
their lease. To potentially restrict those rights due to property being in dual status
could be considered a violation of their enjoyment of the property. It was further
discussed that the variations in occupancy, based on the type licensure, may be
sufficient to address and control impacts to which the Commission initially
expressed concern. It was further recognized that addressing occupancy impacts is
often “reactive” and that trying to be “proactive”, while the preferred approach,
may not be possible in this situation. Having fully discussed this issue,
Commissioners concluded that the current regulatory structure was sufficient and
did not require amendment.
Mr. Zenner proceeded to guide the Commission through a discussion on the current
CUP questions. It was concluded that certain questions were not well understood
by applicants and that most questions on Page 1 of the required CUP questionnaire
were more appropriate for staff to perform an analysis on than the applicant’s
themselves. Mr. Zenner noted that simple “Yes, No” or “True, False” responses to
the questions on Page 1 should be all that Commissioner should expect from an
applicant. He noted that the question on this page are actually the standard CUP
questions that staff must analyze for any type of CUP request and require greater
knowledge of the Comprehensive Plan that most applicants would actual avail
themselves to.
With respect to the questions on Page 2 of the CUP form there was considerable
discussion. Commissioners noted the questions were prepared assuming full
enforcement of the ordinance was to have begun once the regulation were
adopted. This obviously was not the case. As such, several of the questions seem
to be seeking information that may not, at this time, be relevant. There was
discussion of potentially not requiring the CUP questions to be submitted by
applicant given the limited value that was being offered by them. Mr. Craig noted
that this suggestion could not occur given the adopted regulations require that the
Commission and Council evaluate them. He noted that the criteria was evaluative
in nature and not intended to be determinative with respect to each CUP request.
There was discussion with respect to how staff and the Commission could use the
questions as part of the intake and public hearing evaluation processes.
The Commission discussed how certain questions on Page 2 of the CUP evaluation
should be incorporated into the staff reports thereby reducing the possible
evaluation time of each CUP request during the public hearing. Questions A , B, and
C were identified as the questions that staff clearly could obtain as part of the
application “intake” process. There was discussion regarding Question C, noting
this was something the Commission could “drill” into if there were public
complaints being brought before the Commission that were not relieved to the
staff during the submission process or prior to the public hearing.
With respect to Question D, there was significant discussion on what was intended
to be collected with this question. Staff offered several examples of what the
Commission could consider as “intensity” concerns. Mr. Zenner pointed out that
with the current form of the staff report there is an attempt to point out what
impact approval of an STR may have, but this could expand if necessary.