County Planning Commission vs. short-term tourist rentals: Some work, some don’t

The Warren County Planning Commission, up to full strength with the return of Vice Chairman Hugh Henry, plowed through a heavy agenda Wednesday evening, and as expected, Conditional Use Permits (CUPs) dominated the conversation. In recent months, short-term tourist rentals have become a large part of the business of the commission.

Warren County Planning Commission welcomed back Vice Chairman Hugh Henry, second from left, from his bout with COVID-19. Royal Examiner Photos by Stephen Sill

Katherine Stallings is requesting a Conditional Use Permit for a short-term tourist rental for her residentially zoned (R-1) property at 377 Brandy Road in the Shenandoah Magisterial District. Deputy Planning Director Matt Wendling briefed the commissioners on the proposal. The Applicant intends to use the property as a second home and act as property manager. She and family will use a commercial rental/booking management firm and a local cleaning and maintenance crew. The public hearing brought three people forward with comments. Two were opposed, one supported. David Wright was opposed to the permit approval on the grounds that “strangers” would be likely to trespass, litter, or park in places they should not. John Morgan indicated that the Property Owners Association had voted to prohibit the rental use of properties in the subdivision, though only after the applicants had purchased their property. John Bershevsski spoke in support of the applicants and the general benefits that short-term rentals bring to an area. After some discussion between commissioners regarding adequate parking, the commission voted unanimously to recommend approval of the permit request. The request now goes to the Board of Supervisors for final action.

Dennis Flynn is requesting a CUP for his residentially zoned (R-1) property at 484 Creek Road in the Lake Front Royal Subdivision in the South River District. The applicant intends to use the lower portion of his property for this purpose for the Spring, Summer, and Fall seasons, only on Thursdays through Sundays. The planning department has determined that the property meets the requirements of the Warren County code regarding setbacks and required documentation. While there were no speakers at the public hearing, the Lake Front Royal Property Owners Association President Robert Roush provided comments for the commission to consider in which the POA cited Warren County Code Section 180-56.4 as the authority for the association to refuse to authorize short-term tourist rentals. The cited section of the code reads as follows:

“I.  If the property is located within a subdivision governed by a homeowners’ association/property owners’ association, the Planning Department must receive a recommendation of approval or disapproval from the HOA/POA to operate the short-term tourist rental.”

It was established that the planning department had asked for and received a recommendation from the POA. But a reading of the code does not obligate the County to go along with the “Recommendation of Approval or Disapproval” from the POA. As noted in previous stories on this issue, decisions are based on adherence to local and state codes on the use. In addition, the letter from the POA also stated that “we are a residential community, not a business community.” This very often-heard objection is at odds with the Virginia Legislature, which explicitly holds that short-term tourist rental is a residential, rather than a commercial activity.

With very little discussion, the commission then unanimously voted to recommend approval of the permit request to the county supervisors.

Joshua Branson is requesting a CUP for a guest house on his 123-acre Agriculturally zoned (A) property on Buck Mountain Road in the South River District. The Applicant eventually intends to build a family home on that property, and this guest house will be used by family members, not for monetary compensation. The planning staff recommended that a condition be placed on the deed restricting the use of the guest house for any new owner. There are currently no buildings on the property.

One speaker, Andrew Heymann, addressed the public hearing to object to proposed placement of a road right of way along his property boundary. His issue was with the placement of the proposed access road, and not to the permitting itself. The commission then voted unanimously to recommend approval to the county supervisors.

Gillian Greenfield and Richard Butcher are requesting a CUP for a short-term tourist rental for their residentially zoned (R-1) property at 1043 Riverview Shores in the Shenandoah District. They are experienced tourist rental operators and plan to be full-time managers. The Shenandoah Shores Property Owners Association Board of Directors submitted a letter expressing their wish the permit not be issued, but observing, “It appears they will be issued regardless of our concerns” though the letter does not elaborate on what those concerns are. The POA’s letter, however, did request that the County should restrict the number of short-term rental properties in the subdivision to five, including those already operating. It was unclear how the County could legally limit the use at an arbitrary number. After a brief discussion, the commission voted unanimously to recommend approval.

David Kondner is requesting a short-term tourist rental CUP for his residentially zoned (R-1) property at 153 Beckwith Drive in the Shenandoah District. Planning Director Joe Petty explained to the commission that the dwelling on this property did not meet the minimum setback requirements established by the County and the planning staff cannot support the application given the code as written and possible precedent that would be set for non-conforming properties. The public hearing yielded three speakers, two of whom opposed the permit, citing the narrow road, restricted parking space, and safety issues.

David Kondner addresses the Planning Commission to explain his request for a short-term tourist rental along the Shenandoah River on Beckwith Drive. Commissioners ultimately voted to recommend denial due to non-conforming lot setback parameters.

The commissioners discussed the application and concluded that the lack of parking and the inadequate boundary setbacks, made it impossible to recommend approval. The commission, with Commissioner Longo dissenting, voted to recommend denial of the permit request to the supervisors.

Terry Hartson was also requesting a short-term tourist rental CUP for his residentially zoned (R-1) property at 1538 Riverview Shores Drive in the Shenandoah Shores Subdivision in the Shenandoah District. The Shenandoah Shores Property Owners Association Board of Directors letter regarding the Greenfield and Butcher property considered earlier also included this request in their general opposition to the short-term tourist rental concept in the subdivision. There being no other objections or public input, the Commission voted unanimously to recommend approval.

Finally, Danielle and David Kibiloski are requesting a CUP for a Bed and Breakfast on their Agriculturally zoned (A) property at 990 Hillandale Rd in the Green Hill Forest subdivision in the South River District. The property is a 5-acre site in close proximity to the Appalachian Trail, and the applicants expect their guests to be through-hikers from the trail. Their plan is to provide transportation for hikers to and from the trailhead, and into town for resupply. A Bed and Breakfast as described in the proposal is different from a short-term tourist rental in that the B&B has onsite hosting and provision of a breakfast meal. The applicants expect to host hikers from April through July.

There were three speakers at the public hearing. Charles Brown owns and manages several outfitters in Front Royal and elsewhere and he supported the project as a benefit for hikers and the community. George Jenkins owns a neighboring property and asked if the applicants would place no-trespassing signs on the boundaries of their property to keep guests from wandering into nearby properties where hunting activities might be conducted. Lisa Jenkins then spoke in support of the applicants request, citing the benefits to the community and the neighborhood.

The commissioners asked that a single condition be added to the approval motion, that guests will be conveyed to and from the property by the applicant, to prevent walkers along the road, as the applicants offered in their request. The commission then voted unanimously to recommend approval of the request.

At the very end of the meeting, Supervisor Walt Mabe announced that Samuels Public Library is offering take-home COVID-19 tests free of charge. If you have an Internet connection at home you can register and see results of your test online, and if you do not you can use the library’s Internet access to do the same. He urged the public that “If you think there is any chance you may have the virus, get the test, and don’t wait!” Vice-Chairman Henry enthusiastically endorsed the tests, not surprising considering his own experience.

Chairman Myers adjourned the meeting at 9 p.m.