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