County approves O’Reilly short-term rentals despite questions

At its last February meeting the Warren County Board of Supervisors approved two Conditional Use Permits for short-term rentals submitted by local builder Frank O’Reilly.  But the approvals did not come without some scrutiny by neighbors of O’Reilly’s Benny’s Beach lot; and outright hostility from Morrison Estates neighbors with ties to Christendom College, whose entrance lies directly across the street from that subdivision.

The latter opposition may have taken O’Reilly by surprise – he and his wife are both Christendom alumni and his proposal submitted to the county planning department indicated the intent to market the Morrison Estates rentals to the parents of Christendom students coming to visit their children from out of the area.

Above, Frank O’Reilly states his case for short-term rentals in two subdivisions in very different county neighborhoods. Below, O’Reilly’s former Christendom teacher Robert Rice makes his case against adding short-term rentals to the Christendom-based neighborhood. Photos/Roger Bianchini

One of the speakers in opposition was long-time Christendom teacher Robert Rice.  Turning to address them directly, Rice said he had known O’Reilly and his wife Angelique for 35 or 36 years, dating to when he was a “new professor” at the school and they were students.  He said he lives two lots from the proposed rental property.

“This is a sociological, more than an economic question,” Rice told the board.  He traced his history in the neighborhood and noted that 11 of his 13 grandchildren visited weekly.  He cited safety concerns for drivers who might not be aware of where children in the neighborhood lived.

Of short-term rentals he asked, “What does that really mean, is that a motel? … That is just the opposite of what this little community is,” Rice told the board, adding, “It is a fairly tight-knit community; and whoever rents there … will not be our neighbors, they will be strangers.”

Rice was asked to wrap up and clarify his remarks by Board Chairman Linda Glavis as he ran past the three-minute limit.  However, he cited the fact that the evening’s public hearings began a few minutes after the scheduled 7:30 p.m. starting time, contending he should be allowed to continue.  Perhaps confused by Rice’s friendly asides directed the O’Reilly’s way during his mildly negative comments, Glavis again asked Rice to clarify whether he was for or against the proposal.

Frank O’Reilly’s construction at 170 Berbusse Ln. has short-term-rental room with a view, if not the support of some neighbors. Four of those neighbors expressed fear of an influx of transient outsiders to their largely Christendom College-associated neighborhood. However, O’Reilly noted college officials indicated support for his plan, which will target Christendom students’ parents. Photo Courtesy WC Planning Dpt.

“If you accept this change, you are changing our neighborhood, NOT for the better but for the worse.  We have an American neighborhood … a Norman Rockwell neighborhood,” Rice replied in summing up his professorial case AGAINST the introduction of transients he believes would disturb, if not destroy, that idyllic vision of the Morrison Estates subdivision.  Casting a final olive branch his former students’ way, Rice suggested that even if that change did not come during O’Reilly’s ownership, how could the County guarantee the non-Norman Rockwell figures hadn’t been allowed through the gates with this initial approval.

Planning staff later assured the board that the requested permitting was “conditional” with built-in assurances as stated in the agenda packet, including that “the proposed use will be harmonious with and will not adversely affect the use or development of neighboring properties …”

Another Morrison Estates neighbor, Michael Turner, also contended the proposed use would impact the neighborhood in a negative way.  “We do NOT want this in the neighborhood; with all respects to the family, we do not want a motel in our neighborhood,” Turner told the board.  He said his children walked past O’Reilly’s lot on the way to friends’ houses – “I am VERY much opposed; I don’t want strangers in the neighborhood.  I wouldn’t have bought a house next to a motel, and that is basically what this is.”

Anita Townsend said she had family members employed at Christendom and who attended school there.  She questioned whether O’Reilly would be able to assure short-term rental clients would be Christendom related.  “It is beautiful the way Frank set it up. As much as I respect Frank, he is a very good man; I just don’t see that he is thinking in the best interest of us who live there.”

Responding to the Christendom-based opposition, O’Reilly told the board he had a letter of support for his proposal from the college.  However, Townsend questioned that support.  She said it was written by school officials who did not live there, and unlike students or residents who did live in the neighborhood, would not have to encounter strangers brought to the neighborhood by a short-term rental property.

O’Reilly also told the board that as a builder he understood that people can be “infinitely opposed to change.”  He also acknowledged Rice’s observations about the lot’s original intent.  He said he had intended it for his mother, who is in her 90’s, but who had decided she did not want to retire to that location.  So, he admitted he had changed his plan for the lot.  However, he disputed the negative portrayal of the planned use on the neighborhood.

A fourth opponent, Luis Avila, worried over garbage collection and a general lack of care that short-term renters would bring to the property.  Responding to that concern, county staff indicated that trash pickup from such rentals was generally a part of the contractual arrangement on the rentals.  O’Reilly’s son Sean will manage his father’s short-term rentals.  He told the board that after three years of management experience of his father’s rental properties he had focused on attracting “good clients” and was always available were there concerns.

If O’Reilly may have been taken by surprise by the level of opposition of Christendom neighbors, perhaps even MORE taken aback was Shenandoah District Supervisor Tom Sayre.  Sayre made the motions to approve both of O’Reilly’s CUP requests, albeit the Morrison Estates subdivision one somewhat reluctantly after a long silence in the wake of the public hearing adjournment.

After a second from Archie Fox, the vote proceeded from the left side of the dais toward Sayre, who would vote last.  With Tony Carter absent, the vote reached Sayre 2-1 for approval, with only Dan Murray voting no.  Murray explained in light of the concerns he thought additional board scrutiny at a work session would be advisable. Sayre asked Fox what his vote was, Fox said, “Aye”, and then Sayre abstained, allowing his original motion to pass by a 2-1 sub-majority without his support.

Benny’s Beach CUP

O’Reilly’s first short-term rental CUP request of the evening was for a parcel on Beach Road in the Hoskins subdivision at Benny’s Beach.  And while five area residents expressed concerns about traffic safety on what they described as a narrow access road, none said they were outright opposed to the proposal.

While O’Reilly’s Benny’s Beach proposal was approved with concerns expressed only about maintaining traffic safety, his Morrison Estates request in a subdivision directly across Shenandoah Shores Rd. from Christendom College (below) met with more adamant opposition.

That may have been in part, as staff noted in the agenda packet, because the short-term rental lot “is surrounded by lots owned by Mr. O’Reilly and his wife” upon which they could have developed additional subdivision homes, but have not.  Several of the public hearing speakers expressed gratitude that O’Reilly had not developed all the lots he owns in the subdivision.

In responding to the road and traffic concerns, O’Reilly noted that the neighbors did not appear opposed to the short-term rental proposal itself, but with speed or the potential of increased traffic.  Addressing Sharon Bramble’s concern about large events such as a wedding that had previously been held there, O’Reilly said he would not allow such events as part of the short-term rental proposal.

In fact, he noted that the previous wedding party referenced had been for one of his 14 children, observing that “with six more daughters there are likely to be more” – though not by renters he assured neighbors.

County Administrator Doug Stanley told the board that the County was not involved in road maintenance since the subdivision roads were private.  O’Reilly noted that the speed limit had been 15 mph for years, but that recent signage had reduced that along Beach Road to 5 mph in front of homes and 10 mph in front of undeveloped lots.

Sayre’s motion to approve, also seconded by Fox, passed 4-0.