County Planning Commission recommends denial of one Short-Term Tourist rental, approves eight others

The Warren County Planning Commission, with Vice-Chair Hugh Henry acting for absent Chairman Robert Myers, held its regular monthly meeting on May 10th. As is normal procedure, the acting chairman asked if any citizens wished to make a presentation to the commission on any planning-related subject, not on the agenda. No one responded.

The Public Hearing agenda consisted of nine Short-Term Tourist Rental permit requests:

Roman Semenov made a request for a CUP for a Short-term Tourist Rental for a property at 259 Cashmere Court, Skyland Estates, Linden. The property is zoned Residential One (R-1) in the Happy Creek District. The Permit application states that the owner travels internationally for his job and wishes to rent the property out short term when he is not in residence. Scott Frost, representing the applicant, indicated that they intended to manage the property themselves, and they usually reside in the D.C. area. Mr. Frost indicated he is experienced in managing short-and long-term rentals in the D.C. area, and will be in residence part of the time at the property.

At the public hearing, there were five speakers, all in opposition to the permit. Maureen Diaz is a board member of the Skyland Community Corporation (SCC), which, according to its facebook page, is comprised of uncompensated volunteer resident stockholders of Skyland Estates. SCC is not a Home Owners Association (HOA) or an agency of the government; it is a private contractor that provides services. There is no HOA in Skyland Estates. Property owners in Skyland Estates are encouraged, but not required to join. Ms Diaz told the commission that she has received many complaints from residents about short term rental properties in the subdivision where open fires and loud parties are being held. Trespassing, including “photographing neighbors and children, even naked men frolicking in the woods” were cited.

Skyland Community Corporation board member Maureen Diaz outlines her and the Corporation’s objections to a short-term rental permit application in the Skyland Estates Subdivision. After a lengthy discussion, the commission voted to recommend denial of the application.

In addition, the Skyland Corporation rules forbid absentee management of rental properties. However, the County cannot enforce local non-government rules and covenants, but it can take them into consideration when deciding whether or not to recommend approval of a permit. Mark Carroll and Dennis Waite were concerned about the sewage system, traffic on the small privately maintained roads, and the security of the neighborhood generally. Finally, Gary Smullen, the president of the Skyland Community Corporation, reiterated the rationale for their prohibition of absentee landlords – “Who can the neighbors call if there is a problem, short of the Sheriff?” he asked.

When the public hearing ended, a lively discussion ensued about the issue with communications when an applicant is not present or nearby when a property has a guest. Commissioner Kersjes asked the applicant representative several questions about the expected occupancy rate – How many days a month will the property be occupied? Answer: “We don’t really know yet.” Vice Chairman Henry reminded the speakers that their traffic concerns were largely not proven out – as a long-term rental usually generates more vehicle traffic than a short-term one. The legislature has explicitly classified short-term tourist rentals as residential, not commercial use. However, it appears that neighborhood opposition and the opinion of the Skyland Corporation do bear some weight because, on a motion by Commissioner Kersjes, seconded by Commissioner Huson, the commission voted to recommend denial of the request. Yes to the motion to deny: Kersjes, Richardson, Huson; Nay: Henry. The recommendation will be forwarded to the County Board of Supervisors for a final decision.

Mary Francis Jimenez & Zach Kramer are requesting a Conditional Use Permit (CUP) for a Short-term Tourist Rental for their property at 2034 Smith Run Road, Browntown, in the South River District. The 5-acre property is zoned Agricultural (A). The applicants also own an 80-acre parcel adjacent to the subject property.

Conditional Use Permit applicant Zach Kramer addresses the planning commission to explain his Short-Term Rental project in a 125-year-old house in Browntown. The Commission recommended approval for the permit.

The dwelling was built in 1891, and there are no Health Department records for the septic system on file, so the applicant will have to uncover the system to verify for inspection prior to a final permit. Two residents of neighboring properties spoke in support of the permit. With little discussion on a motion by Commissioner Greg Huson, seconded by Commissioner Scott Kersjes, the commission voted unanimously to recommend approval.

Benjamin & Dana Straub are requesting a CUP for a Short-term Tourist Rental for their property at 91 Present Way, Bentonville. The 15-acre property is zoned Agricultural (A) and is located in the South River District. The dwelling was constructed in 2021. There were no speakers at the public hearing, and on a motion by Commissioner Kersjes, seconded by Commissioner Richardson, the Commission voted unanimously to recommend approval.

Kemandri Govender is requesting a CUP for a Short-term Tourist Rental located at 128 Orchard Lagoon Drive, Linden. The property is zoned Residential One (R-1) in the Happy Creek District. The applicant purchased the property in 2022, and it is her primary residence. At the public hearing, the Skyline Community Corporation representative expressed opposition to the permit on the grounds that it was another case of an absentee owner with no local control. “No one is there to settle problems.” However, the applicant’s justification states that she will manage the property personally with assistance from a local property manager when she is not immediately available. Acting Chairman Henry reminded the applicant and the speakers that a CUP is revocable – if complaints are made that a property is not being managed in accordance with the zoning ordinance supplemental rules, “I have no problem with revoking a permit.” After some further questioning by commission members, the commission, on a motion by Commissioner Huson, seconded by Commissioner Kersjes, voted unanimously to recommend approval.

Roberto Rodriguez & Gretchen Wagner have made a request for a CUP for a Short-term Tourist Rental at 1820 Gooney Manor Loop, Browntown. The 5-acre property is zoned Agricultural (A) in the South River District. After Planning Director Matt Wendling Briefed the commission on the request on the newly-constructed dwelling, there were no speakers at the public hearing, and, on a motion by Commissioner Richardson, seconded by Commissioner Kersjes, the commission voted unanimously to recommend approval.

Barbara J. Hessler is requesting a CUP for a Short-term Tourist Rental at her primary residence. The 12.3-acre property is located at 2930 Long Meadow Road, Middletown, zoned Agricultural (A), and located in the North River District. There were no public speakers for or against the permit. With no further discussion on a motion by Commissioner Kersjes, seconded by Commissioner Richardson, the Commission voted unanimously to recommend approval.

Frank O’Reilly has made a request for a CUP for a Short-term Tourist Rental at 320 Old Barn Lane, Front Royal. The 4.97-acre property is zoned Agricultural (A) and located in the Shenandoah District. The applicant is an experienced local builder and operates ten short-term rentals in Warren County. There were no speakers for or against the permit, and the commission, on a motion by Commissioner Huson, Seconded by Commissioner Richardson, voted unanimously to recommend approval.

Local developer-contractor and short-term rental operator Frank O’Reilly explains his plan for a new property on Old Barn Road. An experienced negotiator of the pitfalls and benefits of short-term rentals, Mr. O’Reilly, saw the commission back his request unanimously.

Yesl Cho is requesting a CUP for a Short-term Tourist Rental for her parents’ property at 3744 Browntown Road. The 5.64-acre property is zoned Agricultural (A) and located in the South River District. The occupants will continue to occupy the lower level of the house while renting out the upper level. The applicant will manage the property personally as the Property Manager on behalf of her parents. After a few questions from commissioners regarding her management plan, the Commission, on a motion by Commissioner Richardson, seconded by Commissioner Kersjes, unanimously voted to recommend approval.

Shelly Cook has submitted a request for a CUP for a Short-term Tourist Rental located at 137 Lee Burke Road. The 43.5-acre property is zoned Agricultural (A) and located in the Fork Magisterial District. The property has been developed as a vineyard and was issued a CUP for a rural events facility in November 2022. Prior to opening the public hearing, Acting Chair Henry recused himself from action on the permit request by declaring a potential business relationship with the applicant. Commissioner Kersjes then took over the gavel. With little discussion, the Commission, on a motion by Commissioner Richardson, seconded by Commissioner Huson, voted unanimously to recommend approval.

Before opening the discussion on the Consent Agenda, Vice Chairman Henry further recused himself because one of the agenda items also involved a potential business relationship. The Consent Agenda of Authorizations to Advertise for public hearings, including seven Short-term rental requests, consisted of:

• For Shelly Cook – A request for a CUP for a Short-term Tourist Rental at a residentially zoned property at 15 Sunset Village Road in the Fork District.
• For Bradly Winans – A request for a CUP for a Short-term Tourist Rental at 416 Hobbs Nob Road. The property is zoned Residential One (R-1) in the Shenandoah District.
• For Walter Scott & Victoria Marie Piotti – A request for a CUP for a Short-term Tourist Rental at 192 Howellsville Heights Circle. The property is zoned Agricultural (A) in the Happy Creek District.
• For David A. Downes – A request for a CUP for a Short-term Tourist Rental at 125 Freeze Road. The property is zoned Residential-One (R-1) and is located in the Shenandoah District.
• For Nancy Hilliard- A request for a CUP for a Short-term Tourist Rental at 83 Moonshiner Way. The property is zoned Residential-One (R-1) and is located in the Shenandoah District.
• For Erica Baker & Richard Case – A request for a CUP for a Short-term Tourist Rental. The property is located at 31 Farms Riverview Road. The property is zoned Residential-One (R-1) in the Shenandoah District.
• For Michael DeLutri – A request for a CUP for a Short-term Tourist Rental. The property is located at 2706 Freezeland Road. and is zoned Agricultural (A) in the Shenandoah District.
• For the County of Warren – Shenandoah Farms Fire Station – A request for a CUP for a Public Protection Facility – Fire Station on Howellsville Rd. and Youngs Drive. The property is zoned Residential-One (R-1) and is located in the Shenandoah District.
• For Barbara J. Hessler – A request for a CUP for a Commercial Outdoor Recreation Operation at 2930 Long Meadow Road. The property is zoned Agricultural (A) and located in the North River District.

The Board voted unanimously to accept the Consent Agenda as presented.

Just before the Meeting was adjourned, Acting Chairman Henry announced that Commissioner Greg Huson would be departing. He expressed his regrets and reflected on his thanks for a job well done. Commissioner Huson responded that he had enjoyed his time on the commission and getting to know the staff and other commissioners. So the search will now be on for a new commissioner.

The Warren County Planning Commission, temporarily missing Chairman Robert Myers, will now begin a search to replace Commissioner Gregory Huson, right.

The meeting was adjourned at 8:40 PM.