Loading...
HomeMy WebLinkAbout04-17-17 Public Comment -R. Brey -ShortTermRentalsFrom: Ron Brey [breyron@gmail.com] Sent: Monday, April 17, 2017 12:44 PM To: Carson Taylor; Chris Mehl; Cyndy Andrus; I-Ho Pomeroy; Jeff Krauss Cc: Jim Goetz Subject: STRs Again, I will be out of town during the final discussions on this topic (and again, I won't be renting my house short term out of respect for my neighbors) so I am sending my thoughts now. I have reviewed the INC recommendations and appreciate their careful considerations. Recommendations 1-6 seem appropriate and effective. Recommendation 7 is not useful for several reasons. Neighborhoods are comprised of a variety of zoning districts and this matter relates to zoning districts specifically. As a result, the INC was unable to effectively address the issues specific to zoning. Maybe the owner should be on-site, maybe not. Maybe allow in the R-1, maybe not. Maybe just a room or existing ADU or maybe the whole house or maybe not even the primary residence. In other words, with the full range of options listed as possibilities, there is no recommendation at all for zoning district requirements in the INC recommendations. These are my thoughts concerning STRs in the R-1 zoned areas in these neighborhoods: During your hearings and the staff-conducted meetings on this topic, there were many testimonials as to the value of these rentals for the community. I agree with each and every statement of their value. My issue lies solely with their location within the community. Most of us residing in R-1 Zoning Districts did not blunder into these areas by accident. We wanted to live in single family neighborhoods zoned "to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area." (Bozeman Municipal Code 38.08.010 Section 2) . STRs do not respect the residential character and quality of the R-1 area. They simply allow the commercialization of a residence in the middle of a residential area without the usual overhead of such a commercial enterprise. I live on a pedestrian route to MSU. Running an espresso stand out of my front yard for 2 hours each morning would probably generate fewer impacts on my residential neighborhood than one bad night of STR in my neighbor's house or existing ADU. A requirement for "owner on site" does not resolve the incompatibility of the use with the intent of the zoning district. You have also heard testimony that long - term rentals have more impacts than STRs. As I mentioned before, I moved to an R-1 zoned area 3 blocks away from MSU after living in Bozeman for 25 years. I knew full well what I was getting into regarding student rentals, parties, etc. These folks are residents too. That means we can address issues as neighbors and resolve issues as neighbors do. The STR model is just retail lodging with neighbors bearing all the impacts. Long term residence allows for discussion, negotiation and compromise - not to mention acquaintance and friendship. The STR does not. Pleases refer again to Section 38.08.010 of the Bozeman Municipal Code which describes the intent and purpose of residential zoning districts. The following sections point out a distinct difference of intent for R-1 and R-2 properties compared with more dense residential development. 38.08.010 Section 2 The intent of the R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. Section 3. The intent of the R-2 residential two-household medium density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. Section 4. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. This thoughtfully graduated increase in density and commercial activity continues through the remainder of the residential districts. The R-1 is the least dense, non-commercial residential district. In order for the Commission to allow a purely retail commercial use such as an STR in the R-1 , you would need to amend 38.08.010 Section 2 of the code to acknowledge that this district is no longer intended to respect "the residential character and quality of the area". Your other option would be to make the determination that a purely commercial use like STRs would respect the " residential character and quality of the area." Is such a finding defensible if a similar finding for a 2 hour week-day espresso stand is not? Allowing commercial activity in a purely residential zoning district is a very slippery slope. The Home Based Business section of the code anticipates some of the issues the STRs raise: Sec. 38.22.110. - Home-based businesses. Home-based business as accessory use. Section 1. The use shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling or adversely affect the uses permitted in the residential district of which it is a part. The home-based business may not be conducted in an accessory structure, and shall comply with the standards of subsection C of this section. Section 2. Purpose. It is in the intent of this section to eliminate as accessory home-based businesses for all uses except those that conform to the standards set forth in this section. In general, an accessory home-based business is a use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence... And finally, D. Complaints. Complaints by citizens of the city may be cause for termination of the home-based business. Final administrative actions in relation to complaints are subject to appeal per article 35<https://www.municode.com/library/mt/bozeman/codes/code_of_ordinances?nodeId=PTII COOR_CH38UNDECO_ART35APDEVAPR> of this chapter. The INC recommendation may allow STRs in R-1 single family districts. The flow of new "guests" each week assures that the average neighbor WILL be aware of its existence in the R-1. Home based businesses are rarely a problem for neighbors. STRs are frequently a problem - just listen to folks who have lived next to one. There is no continuity of responsibility for an STR guest. At the public meetings, some STR advocates seemed to value the tourist experience over the experience of the residents. If we were talking about locating a specific tourist attraction this would make sense. However, when we talk about Bozeman being the "Most Livable Place", we are talking about all facets of the community, including residents' peaceful enjoyment of their homes. Bozeman can also be the most inviting place without allowing retail lodging in single family zoning districts. To approve the use of STRs in the R-1 the Commission would be valuing the sporadic experience of tourists over the daily experience of residents. The allowance of such uses in the code has been innocuous until STRs became an industry. Industrial intensity vacation rentals were never anticipated and must be addressed much more responsibly in the R-1 than recommended by INC. Local governments all over the world are confronting this issue head on and are acting to preserve the quality of life for their residents. Residents of Bozeman deserve no less. As always, I am grateful that you are willing to take on such difficult issues for the benefit of the entire community. I know you recognize that the community is made up of many different complementary parts and I hope you recognize that single family RESIDENTIAL districts are one of those complementary parts. Ron Brey 1106 S. 3rd