HomeMy WebLinkAbout05-19-17 Public Comment - M. Brown - Short Term RentalsMay 19, 2017
Mr. Mayor, City Commissioners, and City Staff,
I own and reside in my primary residence, which was designed for single-
family occupancy in Bozeman on the northwest side. I value my neighborhood and
my home. I am writing this letter because I am concerned about:
1. The loss of value in my home and the ability to afford to keep it due to loss of
income
2. The current requirement of a commercial business license for residential use
is at cross-purposes.
3. Enforcement of licensing and possible “taking” suits being too costly to the
City and it’s residents.
4. Criminal activity and my family’s safety due to the City publically publishing
my private information on City websites and advertising sites.
5. My loss of privacy and the ability to blend in with my neighbors
My history with the City and Short Term Rentals
I purchased my home in May of 2013 for my young daughter and I to live in.
Careful research showed me that my three-bedroom home could be rented for short
periods of time for residential single-family use as allowed by the City of Bozeman
and my Homeowners Association. The City of Bozeman informed me that there
were no requirements for licensing short-term rentals. The County Health
Department told me that since my home was in Bozeman, and was owner occupied,
there was no requirement for inspections. For three years, I quietly and successfully
blended in with my neighborhood, occasionally renting my home to single families
both from out of town and in town, who usually arrived with only one vehicle, and
happily shared my personal belongings. Upon my return I would find that everyone
was quite pleased and happy, including my neighbors who often managed things
while I was away.
Reluctantly, I now share with you that the only reason I was able to afford
purchasing my home was because I carefully worked out that I could rent it out
occasionally to help cover maintenance costs and property tax.
The City started looking into limiting short-term rentals in July of 2016, based on a
few complaints vilifying non-owner occupied tourist homes operating in R-1
districts. Then the Commissioners picked up the growing cry saying ‘we must stop
these people before they take over our neighborhoods’. Fear started to spread
across the City among many residents on both sides of the issue driving all short-
term rentals underground including owner occupied.
I called the City and was told by staff (I kept records) that I needed no license.
Shortly after Zoning Ordinance 1958 was implemented, my Home Owners
Association informed it’s residents that no commercial activity was allowed and
neighbors were to spy on each other to see if anyone was renting for less than 30
days.
As a result, I attended the organized study workshops while many of my neighbors
fearing retribution hid and did not attend. I asked the legal staff at the last
workshop if I was required to have some sort of license and was told they thought
not, but referred to the planning office where I learned that they had instituted the
requirement for a commercial license. I immediately stopped renting so that I
would be in compliance with my HOA. No wonder the HOA had said I could not rent
on a short-term basis, they had checked with the City who was now stating that I
was a commercial enterprise!
The result of the required commercial license was that I was not able to rent my
home while away on a special Christmas Vacation. I also was unable to rent during
Spring Break. The house stood dark and empty along with many of my neighbor’s
homes (rented by college students) and I had to dip into savings to pay my tax bill
and now will not be able to due scheduled maintenance this summer. How many
citizens have also suffered in the same way in all the zoning districts? Many of us
have lost thousands of dollars and we have kept a very low profile even from each
other and our neighbors because of the fear and shame placed on us by the
Commission, staff, and a few outspoken residents.
I now find in a Staff Report given to the City Commission by Wendy Thomas in
August of 2016, that a $10 home based business license was required at that time.
Home based business licenses are quite different than the commercial business
license that suddenly had been implemented. I have loudly stated that the
requirement for commercial licenses be changed. And City staff has now repeatedly
stated that many rentals have illegally occurred without a license – ignoring the fact
that none was required until about July of 2016 when it was published on the City
website.
Then in late April, Staff came out with the results of the 9 month study showing that
the short term rental of owner occupied homes were legislatively considered a
residential activity and that 77% of the citizens participating in the study wanted
short term rentals. But the Commissioners decided anyway that they should still be
fearful and instructed staff to disallow even more of the rentals in certain zones.
The Bozeman Zoning Commission has now considered the matter and voted
unanimously against ordinance 1974.
I believe the proposed 1974 ordinance places an unfair burden on
homeowners:
1) It has wrongly placed owner occupied Type 2 rentals in the same category as
Type 3.
I submit to you that Type 1 and Type 2 rentals are better suited to each other and
therefore should both be allowed in the same zones and have similar rules for the
following reasons. We both:
! have our personal belongings and furniture in the home.
! have to be considerate of our neighbors because we live amongst them the
majority of the year.
! will be away from our home periodically for one or more nights or for work,
shopping, etc. at any given time, including rental periods
! will occasionally be a Type 1 or Type 2 rental and not exclusively one or the
other.
! Usually notify a neighbor or two when called away for extended times
! occupy the dwelling as defined in State and Federal law.
! declare permanent residency by voter registration, vehicle registration, and
drivers licenses etc.
! want to blend in with our neighborhood and not stand out as different.
Type 3 rentals are usually managed by an owner or manager that lives or has offices
off site and never have their own personal belongings at risk in the home. That
owner usually only uses the home for very short period of time and could himself or
herself be considered transient. Although they may care about the neighborhood,
they usually do not live in the neighborhood unless occupying a property next door
or in the same owned building or property.
2) Registration requirements are scary.
The rules that have been established for Type 2 rentals are quite embarrassing,
shame me to my many neighbors, and create safety and enforcement concerns. You
are singling out short term rentals and requiring me as a result to state all my
personal contact information on a registration form that is then accessible on a City
website by the public, and then requiring me to publish that registration number on
all advertising.
I ask the following questions of the City and it’s law enforcement:
! How will you prevent criminals or stalkers from accessing my personal
information on your open registration site and misuse it to harm my 14-year-
old daughter, my property or me?
! Are you concerned that by publishing my personal information on a public
website, you may be inviting unwanted robbers or trespassers?
! Are you going to require home business licenses such as piano teachers,
dressmakers, tutors, artists, or anyone working at home to publish the nature
of their business and a registration number for others to look up their
personal information? I believe that zoning regulations require uniformity.
! Will you require all businesses of any type in the City to publish similar
information every time they advertise?
3) Notification of neighbors makes me stand out as being different instead of
blending in.
! The proposed rules will make me notify approximately 38 homes making it
seem like I am involved in a potentially undesirable activity.
! Approximately 50% of the homes in my neighborhood rent to large groups of
college students or owners that keep homes for only a few years.
! Several of my neighbors have been questionable and I would not care for
myself or my daughter to be exposed to them.
! How will this help my neighborhood? I have already given my emergency
contact information to my immediate neighbors – why would I need more?
! Will you require the same exchange of personal information for all home-
based businesses? What about the use of house sitters?
! How is this equal protection under the law?
! How does calling us out as different promote good will and neighborly
interaction?
Conclusion:
1. The City should get rid of the commercial business license for residential use.
2. If Short Term Rentals are specifically regulated the following changes should
be made:
! Type 1 and Type 2 are both owner occupied residences and should have
the same rules.
! Registration on Type 1 and Type 2 rentals should not be made public.
! Type 1 and Type 2 rentals should be allowed in all residential zones.
! Neighbor notification should be made voluntary.
3. The City should educate the public on it’s website the State lodging tax,
health and safety licensing (even if voluntary), insurance issues, etc.
Thank you for all of your hard work. I know that this has been frustration for
everyone on all sides.
Sincerely,
Marilee Brown
579-5447
Type 1 Owner Occupied STRRented for any amount of time
Type 2 Owner Occupied STRRented for up to 3 months total
Type 3 STR
Manager or owner not living on site.
Owner Household9 - 12 months occupied by ownerSingle Family Occupancy
PersonalBelongings
Residential Owner Occupied
Current division of rules by ordinance 1974 (should be changed to black dash line)
Not Owner Occupied