Town Planning Commission Recommends Denial of Two Short-Term Rentals, Approves Ground-Floor Dwellings

At its regular meeting on July 19th, the Front Royal Planning Commission, absent Commissioner Michael Williams, unanimously approved a Consent Agenda to authorize the advertisement of a public hearing on a text amendment of the Town Code Section 175-110.5, “Performance Standards for Urban Agriculture,” that would allow up to 10 chickens in town limits based on the square footage of coop and run space. The amendment will be the subject of a commission work session on August 2 and the commission’s public hearing on August 16.

The Commission then turned its attention to public hearings for this month.

Short-term tourist rental applicant Joseph Chetupuzha explains his plan for renting his townhouse to families rather than multiple guests to overcome the issue of too few parking places for the number of bedrooms. – Royal Examiner Photos Stephen Sill

Joseph Chetupuzha has requested a Special Use Permit (SUP) to allow a short-term rental located at 912 Virginia Avenue. The property is zoned R-3, Residential District. Zoning Administrator John Ware told the Commission that an inspection of the interior of the property was conducted, and it was found to comply with the short-term rental ordinance. Under questioning by Commissioner Connie Marshner, the applicant indicated that the original intent was to occupy one of the three bedrooms, but doing so would require five parking spaces, and there are only two. The Ordinance requires one off-street parking space for each rentable room. He decided to advertise the rental as a single-family property, which he asserts two parking spaces would accommodate.

At the public hearing, Diane Deutman objected to the permit, citing a lack of on-street parking, narrow street, traffic, lack of fences, or constraints for pets.

Nearby resident Diane Deutman explains to the Town Planning Commission her reasons for opposing a short-term rental on the 900 block of Virginia Avenue. The Commission went on to vote to recommend denial.

Planning Staff had recommended the denial of the permit due to insufficient parking.  Chairman Darryl Merchant asked Zoning Administrator Ware to explain the rationale for the recommendation. Ware explained that the application was for a 3-bedroom rental, and there are only two spaces. The chairman persisted, “Is that based on the stated intent of the applicant or on the actual number of bedrooms?”  Answer:  “It’s based on the statement of the applicant. If the applicant wants to rent only two rooms, that is a partial house rental, not a whole-house rental. It is up to him.”

Commissioner Glenn Wood asked if the planning department was verifying that short-term rentals were complying with these kinds of conditions. He was reluctant to approve, with the ordinance being as specific as it is. Chairman Merchant asked Planning Director Lauren Kopishke if there was a way to inform Town Council about this ambiguity. “When we developed this ordinance, it was kind of a trial run, to see what issues cropped up. Parking seems to be a consistent issue,” Chairman Merchant observed.

Planning Director Kopishke agreed. “I would suggest that this body make a recommendation to the council to amend the code.” After further discussion, on a motion by Vice-Chairman Daniel Wells, seconded by Commissioner Wood, the commission voted to recommend denial of the SUP due to insufficient parking. The request will now go to Town Council for a final decision.

Independence Realty LLC has requested a SUP for two apartments on the ground floor at 1127 North Royal Avenue.  The apartments already exist but were unpermitted. The property is zoned C-1, Community Business District, and located in the Entrance Corridor Overlay District. These units are in addition to a pre-existing dwelling unit, making three units in the building. Zoning Administrator Ware told the commission this action resulted from a maintenance inspection discovering that a single-family house had been converted to three apartments. The zoning ordinance requires that three dwelling units require 6 parking spaces, and the applicant has submitted a revised plat to show an expanded parking space for four vehicles and a draft lease for an additional two spaces on an adjoining property, which the applicant also owns.

Chairman Merchant said that the original purpose of the restriction of residential units on the ground floor in the commercial area was to make sure that commercial space was available, but this property had never been used as a commercial property, and it would be difficult to do so. The commissioners discussed the parking arrangements and unanimously decided, on a motion by Commissioner Marshner, seconded by Commissioner Wood, to recommend approval of the request.

Mesa Rose Coral has requested a SUP for a short-term rental at 417 Kerfoot Avenue. The property is zoned R-1, Residential District. Zoning Administrator Ware described the permit request as a whole-house rental of a single-family dwelling with two bedrooms for four people. An inspection of the property’s interior was conducted, and it was found in full compliance with the application. Parking is available only on the street, and the property does not have a driveway or an apron to accommodate one. The applicant told the commission that she purchased the property not as an investment but shortly after closing, was accepted to a school in Washington state, and felt that short-term rental would allow her to come back and live in the property. She also stated that if the parking regulation on-street parking had been explicitly stated, she would not have spent the money to furnish the property and apply for a permit. Instead, she could have simply rented the property out long-term.

Short-term tourist rental applicant Mesa Coral gently chides the Town Planning Commission for a lack of explicit guidance about parking requirements for short-term rentals. The commission eventually voted to recommend denial of the permit after Chairman Daryl Merchant acknowledged the lack of clarity.

 The applicant stated that she does not intend to create a parking area on the fenced lawn at the front of the property. She observed that the town has previously approved short-term rentals with on-street parking. There were no speakers at the public hearing, and Commissioner Marshner asked, “If the applicant were to rent the property as a regular rental, would the lack of off-street parking be an impediment?” Answer: If the rental were for 31 days or longer, there would not be a requirement for off-street parking.

Ordinary longer-term rentals are not processed or handled by the Planning Department, Planning Commission, or Town Council. They are strictly between the property owner and the tenant.

Chairman Merchant addressed the applicant: “I’d like to thank you for your candid remarks.  It is a shame that this use is confusing, to say the least. It puts us in a conundrum. I would like to stress to staff that you must emphasize this parking [requirement] before these people spend $400 on an application. That being said, we can move this thing forward and let the council, in their wisdom, rule on this situation.”

There was additional discussion of potential alternatives for the parking requirement before Vice-Chairman Wells motioned to deny the application, seconded by Commissioner Wood. Before voting, Commissioner Wood expressed his unhappiness with the denial, but the ordinance requires it. Town Council can still vote to approve, as in other cases. The vote was 3-1, with Chairman Merchant voting against denial. Commissioners Wood, Marshner, and Vice-Chairman Wells voted for denial.

Chickens in Town
Planning Director Kopishke told the commissioners that at their August 2 work session, they will be looking at a proposed change to the Ordinance governing chickens in the town limits.  Staff is preparing a text amendment that may increase the maximum number of chickens allowable from 6 to 10, depending on the lot size. The proposed ordinance change would then be voted on at the August 16 meeting.

Chairman Merchant says that his term on the Commission expires in August, and he was cagey about what the future may hold. It’s entirely possible he may not seek reappointment, but we’ll know in August.

The Meeting adjourned at 8:15 p.m.