HomeMy WebLinkAbout05-19-17 Public Comment - B. & A. Harris - Short Term RentalsMay 18, 2017
Re: STR Draft Ordinance revisions
Dear Commissioner Mehl,
The original staff recommendations concerning STR regulations as presented to the commission on April 24th while stringent, were well reasoned and appropriately represented the
extensive feedback provided in the online survey and at the public forums conducted in January. However, the revised draft as it presently stands places an overly restrictive penalty on Type III owners in R1 and R2 zones. Please consider the following perspective offered in the
spirit of fairness and good faith:
Owner Class - Type III owners and their guests are undeserving of the overly restrictive
measures currently proposed which, will have numerous unintended consequences. Type III owners more typically utilize the services of a professional rental management and home
support services like housekeeping, landscape care, and snow removal. These economic
connections generate local jobs and dollars which flow back into the community year-round. Local managers are also better equipped to be on call 24-7 to handle a variety of potential
issues that individual homeowners may not be available or able to provide. The revised draft restrictions will:
depress the number of STRs managed and serviced by locally owned companies which provide quality oversight and Bozeman jobs.
increase the number of seasonally dark homes in R1 and R2 zones, pushing prospective R1 seasonal home buyers into R3 zones where more affordable homes might otherwise
be available.
drive economic value, and vacationing family groups who are looking for high end STRs
to areas outside of town.
A more effective and balanced solution would be to encourage responsible best practice by
allowing STR uses in all zones with the requirement that local short-term rental management
groups be utilized by all owners not present for periods longer than 21 days.
Neighborliness - An assertion of the revised draft ordinance is that Type III owners are not well
invested in the community and do not contribute adequately to neighborliness (an assertion also extended to short term resident guest). There is no evidence that the presence of type III
owners increases negative interactions which may occur between any two or more residents more than any other owner type. There are good and bad neighbor relations to be found in every group. This depends entirely on the individuals involved and should not be the basis for a
STR ban in certain zones. Type III homeowners (and guest) who occupy their homes for periods up to half the year provide just as many or perhaps more opportunities for neighborliness
between individuals than many full-time residents or those non-resident owners who leave their
home seasonally un-occupied.
A more effective and balanced solution would provide greater opportunities (not fewer) for
interaction between diverse individuals by encouraging home use and occupation throughout the year, especially for non-resident owners. Provide minimum requirements for trash service,
safety, and basic maintenance associated with well managed short-term rentals. Just like
anywhere in the community, expect people to act in good faith and encourage (rather than effectively prohibit) responsible practices.
Density & Zoning - It is surprising that the most severe restrictions in the revised draft are
placed on the lower-density neighborhoods R-1, and R-2 zone residences which enjoy larger lot
sizes, wider setbacks, and typically more off street parking. Yet, there seems to be little relative concern for higher density R3 zones which have smaller lot sizes, smaller setbacks, less
parking, and potentially greater number of more affordable homes. While zoning can provide important benefits, it can also present a range of inequities. In this case zoning may directly and indirectly reinforce or encourage neighborhood class distinctions that favor more wealthy and
influential residents over others. A more effective and balanced solution would allow for equal opportunity and treatment
between all R zones with regard to their inherent density conditions. Limit the number of STRs in any given area through the use of GIS or other mapping. The issue of consistent tracking in
the approval process may be solved by only approving new registrations on a quarterly or
biannual basis in conjunction with mapping updates.
Corporate Investors - Current Type III owners are being unfairly lumped in with a non-existent
class of “corporate investors” who are feared will be buying up multiple homes converting neighborhoods into commercial districts. Again, there is no evidence this is or will be happening.
Franky, with all the management, maintenance, oversight, taxes, and fees required the
economics simply do not support a profit motive for STR owners. This model has been around for decades and if it represented a widely profitable opportunity for investor groups the practice
would already be wide spread. While local managers and service/maintenance providers can and should profit, STRs homeowners typically do no better than covering expenses related to maintaining the home.
Again, a more effective and balanced solution would be to limit the number of STRs operated by any owner or in any given area (as per above), rather than eliminate the option for all
homeowners in certain zones. Finally, STR owners and guest are not a threat to neighborhoods. It is a great joy for us to make
our home useful to others when we cannot be there. We often think of the guest who benefit from its use; the group of pilots who use our kitchen to make great pizza and enjoy their
extended down time, the relations of MSU students gathered for graduation, and the families
whose children leave toys and drawings under the furniture and around the house after their stay. These are good people, creating positive and beneficial uses that should be appropriately
encouraged in our neighborhoods.
Please allow fruitful, diverse, and positive uses in neighborhoods now and for the future. And,
please encourage fairness and consideration for all homeowners and guests when formulating
the new ordinance. Thank you.
Most Sincerely,
Bob & Amanda Harris
624 South Willson Avenue rharris@lakeflato.com
aharris@bakerrisk.com