County Planning Commission taps the brakes on some Short-term Tourist Rentals

The County Planning Commission held its regular meeting on November 9. Vice Chairman Hugh Henry was absent. A lone land–use protester who wouldn’t provide his name paced back and forth across the entry to the County Government Center, his hand-lettered sign decrying the use of down-zoning to enable nefarious activities on Agricultural land that has been placed in a conservation easement. At last month’s meeting, the Commission recommended approval of a Down-Zoning request for a tract of land in Linden that is part of a 600-plus acre conservation easement. This protest appears to relate not to that action, but to an earlier rezoning action on another part of the same easement that was approved in May 2021. The protester indicated that the property owner had set up a “shooting range” on that property, and that the nearby property owners were not happy.  

A single protester paces across the entry of the Warren County Government center with a sign warning county citizens of the dangers of ‘downzoning’ conservation easement land to agricultural. Despite an entreaty by the County Planning Director, the man declined to directly address the planning commission at their scheduled meeting inside. Royal Examiner Photos Stephen Sill

The protester did not claim to represent those property owners but clearly believed he was representing a majority opinion.  At that point, County Planning Director Matt Wendling emerged from the building and invited the protester to verbally presenthis concerns (his sign being barred from the meeting room by the board’s public hearing rules) to the Commission during the public comment part of the meeting, but he demurred. A “Public Comments” period is provided each meeting for members of the public to address their planning concerns for topics that are not on that meeting’s agenda.

The commission had three Conditional Use Permit (CUP) applications to consider.  Maura And Daan De Raedt have requested a CUP for a short-term tourist rental for their property at 54 Arrowood Road in the Happy Creek District.  The .7-acre property is zoned Residential (R-1) and is part of the Skyland Estates subdivision.  The Planning Department received a letter from the Skyland Community Corporation recommending denial of the request, citing the Commission’s policy of prohibiting investor-owned properties from being used as short-term rentals.  In addition, the applicants were seeking a waiver to the zoning ordinance’s required setback of 100 ft since this property has only a 42-foot setback from the neighboring dwelling.  During the public hearing, two speakers voiced their opposition to the permit.  Both Gary Smullen and Maureen Diaz opposed the non-owner-occupied nature of the rental, citing the Skyland Community Corporation policy.  At least one nearby short-term rental permit had been denied on the basis of the non-owner-occupied prohibition, Mr. Smullen asserted.  

Skyland Community Corporation President Gary Smullen explains his opposition to a Conditional Use Permit for Maura and Daan De Raedt for a short-term tourist rental in Skyland Estates. He asserted that the applicants would not be occupying the property as a primary residence, a violation of the Corporations conditions for approval of short-term tourist rentals.

When the public hearing was closed, the applicant had the opportunity to address the issues raised by the speakers and respond to questions from the Commissioners.  Mr. De Raedt indicated that he and his wife wanted only to create ties to the community through giving renters a great experience, not detract from it.  He indicated that additions to the property, including the surrounding fence and shrubs and trees to define the property boundary and noise monitoring mechanisms would mitigate the concerns and enhance privacy.

Short-term tourist rental permit applicant Daan De Raedt defends his request for a Conditional use permit despite the opposition of nearby property owners and and a needed waiver of county setback requirements. The commission went on to recommend denial of the permit on the basis of that lack of setback distance.

Despite this rebuttal from the applicant, on a motion by Commissioner Kaylee Richardson, seconded by Commissioner Scott Kersjes, the commission voted unanimously to recommend denial of the permit.

Wendy C. Willis is seeking a CUP for a short-term tourist rental for her residential property at 154 Woodthrush Way in the Shenandoah District.  The property is zoned Residential (R-1)and is in the Blue Mountain Subdivision.  The Blue Mountain Property Owners Association indicated they had no objection to the permit, and there were no speakers either for or against the proposed use.  Hearing no objections, on a Motion by Commissioner Kersjes, seconded by Commissioner Richardson, the commission unanimously recommended the permit for approval.

The third CUP request was also for a short-term tourist rental by Anthony Constable for his property at 195 Old Oak Lane in the Shenandoah Farms Subdivision.  The property is zoned residential (R-1) and is in the Shenandoah District.  The property is served by an Alternative Discharging Sewage System (ADSS) and a private well.  The Health Department provided approval for a maximum occupancy of four persons.  With little comment, on a motion by Commissioner Richardson, seconded by Commissioner Greg Huson, the commission voted unanimously to recommend approval.

All these CUP applications will be forwarded to the County Board of Supervisors for final action.

The Commission unanimously voted to approve a Consent Agenda consisting of authorizations to advertise seven CUPs for public hearings at the next planning commission meeting. Those included:

Jacob Horowitz – A request for a CUP for a Short-term Tourist Rental. The property is located at 5433 Gooney Manor Loop in the South River District.

Jeffrey May – A request for a CUP for gunsmithing service. The 5-acre property is zoned Agricultural (A) and located at 425 Valley in the Happy Creek District.

Lydia Freeman – A request for a CUP for Short-term Tourist Rental. The property is located at 400 Chipmunk Trail Lane in the Shenandoah District.

Sergiu Luca – A request for a CUP for a Short-term TouristRental. The residentially zoned property is located at 104 Marino Lane in the River View section of Shenandoah Farms.  

Stacy Weng – A request for a CUP for a Short-term TouristRental for her property at at 5 Oakwood Drive in the Shenandoah District

Matthew Williams & Jay Gilbert – A request for a CUP for Short-term Tourist Rental. The property is located at 1862 Khyber Pass Road in Linden.  The property is zoned Residential One (R-1) in the Happy Creek Magisterial District.

Matthew Williams & Jay Gilbert – A request for a CUP for Short-term Tourist Rental. The property is located at 1424 Khyber Pass Road in Linden.   The property is also zoned Residential One (R-1) in the Happy Creek District.

The meeting adjourned at 8:05 p.m.