County Planning Commission: No letup in Short-Term Tourist Rental Permit Requests

The Warren County Planning Commission held a work session prior to their regular meeting on August 10.  The work session focused on the ongoing work on the County Comprehensive Plan.  The Planning Department staff provided a variety of demographic data from the Bureau of Labor Statistics and other sources, which will be updated and included in the plan.  Unfortunately, 2020 Census Data, which was scheduled to be released in April 2022, has now been delayed until November, and at the same time, decisions about growth and direction must be made.  When asked if the final Comprehensive Plan would be able to incorporate the new Census data, Planning Director Matt Wendling said, “The data in the plan will be the most up-to-date we can get.”

The work session included an extensive discussion of the wage range and population makeup statistics that did not yet include an age breakdown, which, as Vice Chairman Hugh Henry pointed out, is vitally important when planning land use.  Senior housing needs are significantly different than working families, and understanding trends will help the County and potential developers find the right mix of homes and employment opportunities.  Planning Director Wendling acknowledged that a good part of the analysis of available data is data mining, which is time and labor-intensive.  Commissioner Kersjes suggested that the planning staff investigate enlisting help from local colleges as a useful project, perhaps as an internship.  Given that current projections indicate Warren County will near 50,000 population by 2040, housing, infrastructure, and employment opportunities will have to grow along with it.

County Planning Commission, still a member short, hopes for a new member to be approved by supervisors, facing a continued onslaught of Conditional Use Permits and work on the County’s Comprehensive Plan.

Still with four members since June, when former Shenandoah District Commissioner Joe Longo resigned, the commission convened its regular monthly meeting following the work session.  They heard from Planning Director Wendling that a proposed new member is pending approval by the Board of Supervisors. That would bring the commission back up to full strength.

The Commission held six public hearings for Conditional Use Permits (CUPs).  All six were applications for short-term tourist rentals.  They included:

Michelle Moriarty – A request for a Conditional Use Permit for a short-term tourist rental at 96 Cappy Road. The property is zoned Residential One (R-1), located in the Happy Creek Magisterial District. With no public objection, the commission unanimously voted to recommend approval.

Kendra Hansen, Kathryn Stuart, Simon Sarver & Michael Cherubin – A request for a CUP for a short-term tourist rental on R-1 zoned property located at 97 River Overlook Road in the Shenandoah Magisterial District.  During the public hearing, one neighbor, Claire Fay, objected to the presence on the property of several fire pits, and expressed concern about the fire danger if guests were to carelessly use them.  Applicant Simon Sarver responded that they had already removed all but one of the fire pits, and the remaining one was a moveable metal one.  The commission members discussed the challenge of enforcing what is already prohibited (open fires) in the supplemental regulations for short-term rentals.  Eventually, Vice-Chairman Henry asked the applicant if it was possible to lock up the moveable fire pit when guests would be present, and the applicant agreed that it could be locked in a storage building.  With no further objections, the commission voted unanimously to recommend approval.

CAZA Legacy LLC – A request for a Conditional Use Permit for a short-term tourist rental for a property at 241 Wildcat Drive.  The property is zoned Residential One (R-1) and located in the Shenandoah Magisterial District.  This application contained a waiver request to reduce the required setback from neighboring properties from 100 feet to 50 feet.  In support of the request, the neighboring property owner had submitted a letter supporting the permit and the requested waiver.  With that support from the impacted neighbor, the commission voted unanimously to recommend approval.

Erin Kavanagh addresses the Planning Commission to explain his application for a setback waiver for his short-term rental CUP.

Matthew Williams & Jay Gilbert – A request for a Conditional Use Permit for a short-term tourist rental at 244 Delicious Road on Residential One (R-1) zoned property in the Happy Creek Magisterial District. The commission heard comments from the planning director that all requirements had been met, but an Apple Mountain Lake Subdivision Home Owners Association letter of “no objection” had not been received.  The commission then unanimously voted to recommend approval.

Matthew Williams & Jay Gilbert – Their second request for a conditional use permit for a short-term tourist rental was at 115 Lonesome Flats Road. The property is zoned Agricultural (A) and located in the Fork Magisterial District.  This application had generated a single letter objecting to the use from John Croft, who lives on the same road.  His objections fall along familiar themes – short-term rentals are bad for the neighborhood, short-term tenants are not good neighbors, dangers from shooting, noise from parties, or other illegal activities.  The Chairman pointed out that these concerns were why the County added supplemental regulations for short-term tourist rentals to prohibit these and other problematic activities.  He noted that the permit can be revoked if a property owner fails to inform guests and enforce the regulations.  The commission voted unanimously to recommend approval of the request.

Thomas L. Pigeon submitted a request for a CUP for a short-term tourist rental at 540 Lakeside Drive.  The property is zoned Residential One (R-1) and located in the Fork Magisterial District.  This application drew two speakers who raised concerns about the on-site septic system.  Barbara Sealock also acknowledged that the supplemental regulations answered some of her questions, but she also remained concerned about whether guests’ pets would be unconstrained in the neighborhood.

Katsiaryna Holder told the commissioners that she owns an adjoining property and is building a house there.  Her concern was the septic system as it was built could have an impact on her home, for which a building permit was just issued.

Property owner Katsiariyna Holder explains her concerns about the approval of a short-term tourist rental next to her home under construction on Lakeside Drive. Commissioners discussed the concerns and eventually decided that the septic system at issue was not a risk to other properties, provided it was properly maintained.

The commissioners reviewed the documentation provided with the application that identified the alter native discharge system on the applicant’s property, and it is a state-regulated system that mandates additional maintenance and monitoring.  Properly maintained, it should have no impact on other properties.  The commissioners discussed the permit requirements, including continued compliance with State and local Health department testing and reporting.  Concluding that sufficient safeguards were in place, the Commission voted unanimously to recommend approval.

The Commission’s Consent Agenda consisted of authorizations to advertise public hearings for Conditional Use Permits for five short-term tourist rentals and two private use camping:

• Gillian Greenfield & Richard Butcher – CUP for a short-term tourist rental at 1164 Riverview Shores Dr. in the Shenandoah Magisterial District.
• Elizabeth A. Saman – Conditional Use Permit for a short-term tourist rental at 431 Cindys Way in the Shenandoah Magisterial District.
• Jaden & Tori Walter – A request for a Conditional Use Permit for a short-term tourist rental at 80 River Oak Drive in the South River Magisterial District.
• Vesta Property Management – Conditional Use Permit for a short-term tourist rental at 194 Venus Branch Road in the Shenandoah Magisterial District.
• Vesta Property Management – Conditional Use Permit for a short-term tourist rental at 86 McCoys Ford Road in the Fork Magisterial District.
• Stacy L. Lockhart – Conditional Use Permit for Private Use Camping (non-commercial). The property is located at Harris Drive in the Shenandoah Magisterial District.

Jeffrey Steven Taylor – Conditional Use Permit for Private Use Camping (non-commercial) on Howellsville Road in the Shenandoah Magisterial District.

The Commission unanimously approved the Consent Agenda, and the meeting was adjourned at 8:10 p.m.