HomeMy WebLinkAbout07-18-16, Patterson, Vacation rentals Public CommentDear Mayor Taylor, Deputy Mayor Andrus, Commissioner Krauss, Commissioner Pomeroy, and
Commissioner Mehl,
As you may remember we went before you on May 16th to obtain a CUP for an extended stay rental
(vacation rental) for our house located at 304 W Cleveland Street. We are aware that you have taken up
the broader issue of vacation rentals during your weekly commission hearing last Monday and will once
again be taking public comment this evening. Due to work obligations neither of us are able to appear in
person to be able to give a public comment but we feel strongly that our story of our CUP process and
the repercussions of our hearing should be told and on public record.
We are not able to currently live full time in Bozeman but have spent a great deal of time and money
into restoring and renovating our home and plan on returning to Bozeman full time again as quickly as
we can make it work. We feel that having our house occupied part time is best for the home (both
appearance wise and with the financial income it provides that we almost exclusively use to upkeep our
home and landscaping) and the neighborhood. In the past we have had long term renters in but frankly
the wear and tear they put on the house is greater than vacation renters and it does not allow us to
frequently travel back to our home. We have an extensive family and friends network in Bozeman (from
decades of living in Bozeman full time) and try to come home as often as possible.
In June of 2014 we decided to list our home as a vacation rental. We chose a local rental company and
rented our home with them for a year and a half. During that time we did not have a single complaint
from any of our neighbors and we were very happy with the vacationers the property management
placed in our home. We decided to switch property management companies at the beginning of this
year because we wanted someone who was a little more hands on and professional. After careful
consideration we chose Mountain Home Vacation Rentals; Suzy Hall had over 20 years of experience in
this market in Bozeman.
As we were going through the process of switching to Mountain Home, Suzy informed us that we would
need a Business License, Public Accommodations Permit, and a CUP. We decided to cancel reservations
we already had and not to take any new bookings until we had completed the process for the permits
and licenses. We lost out on thousands of dollars of revenue and spent several thousand dollars going
through the permit processes and updating a few things in our house to make sure we were complying
with city code. We had building, fire, and water inspections and complied with all suggestions and
requirements during the inspection process.
After going through all of the proper procedures the city commission ruled that we would only be
granted a CUP for 1 year. According to Wendy Thomas there are currently around 450 vacation rentals
in Bozeman. Of those 450 houses only 43 have business licenses – we are one of those 43 - and 84 have
a Public Accommodations Permit – we are one of those 84. I believe there are around 5-7 CUP holders
for vacation rentals and we are one of those as well. Of the 450 there is only one house in all of
Bozeman who is not allowed to rent their home out as a vacation rental next year and that is our home.
The one year limitation on our permit felt like a prejudicial and biased ruling. There was a very similar
situation of a home that went before the commission a few months before we did and they received a 2
year review stipulation which is drastically different than a one year expiration. It costs thousands of
dollars to go through the process as well as an extensive amount of time. The bigger impact comes from
rental revenue. We are already having to turn down rentals for next summer as we have no idea if and
when we will be ALLOWED to rent our home out. If we are granted another permit next year we won’t
know until June 1st, 2017, at the very earliest, which means we miss out on most of the summer rentals,
which is exactly what happened to us this year as we did not list our home until we had our CUP in hand.
This is not a fair process to us. We are being punished for going through all of the proper channels and
paying all the fees associated with the process.
In addition to that we have an even bigger issue with this process. During the public commenting section
of our CUP process we had some neighbors in the room who spoke out. Some of their points were very
valid and we followed every suggestion and condition the city put on our CUP plus some. However the
side effect was that our neighbors were informed, by city officials, that the only way to get rid of
vacation rentals currently is through a complaint driven enforcement policy. We have two “neighbors”
(one we can’t even see from our large lot and one is two houses away but has no direct view of our
property and has extensive buffering, including another house the length of the property, between our
home and theirs) who have decided to try to force us out of renting OUR HOME as a vacation rental by
drumming up complaints and HARASSING our renters.
We have had only one family in our home since we were approved for a CUP. They were a married
couple with a 7 year old son and a 13 month old baby. They stayed for two weeks and had no visitors to
the home. They were in Bozeman from New Mexico to enjoy the town and the outdoor activities. On
two separate occasions our above listed neighbors called our property management company at 1 a.m.
to complain that this family with a baby were making too much noise. One of the neighbors also drove
slowly by the house, while the father and 7 year old son were in the front yard playing a ball game, and
FLIPPED THEM OFF. This behavior is shameful and embarrassing. The renters were appalled but also
thought that they had done something wrong and were embarrassed to even report the incident.
I am positive that this kind of behavior is not what anyone from the city expected from anyone in
Bozeman never mind from neighbors who got up and spoke before the commission on keeping the
integrity of the neighborhood, but none the less this is the result of all of this.
We feel very strongly that people, like us, who go through all of the proper channels, make sure their
house is up to code, and provide documentation that their home is setup for vacation rentals to ensure
little to no impact on fellow neighbors should rightfully be able to rent their home as they see fit
without being bullied and harassed by neighbors. We have a neighbor that is within direct sight of our
home that is listed on Airbnb and has not gone through any of the licensing or permitting processes. Our
same neighbors who are harassing us have not complained or even mentioned this Airbnb although they
are well aware that it is a vacation rental.
Having a one year expiration on our CUP is apparently encouraging our neighbor’s behavior in hopes of
stopping a new CUP being issued to us next year. This is not right and most importantly not neighborly.
This can’t be the result that anyone anticipated from the one year expiration ruling but it is the reality.
Thank you for hearing our story and we appreciate any consideration this letter may have.
Sincerely,
Ian Woods and Jen Patterson