Whose property rights will prevail in Sligo Estates short-term tourist rental proposal

After getting a positive report on COVID-era and coming season visitation projections from the new director of Shenandoah National Park, and no public comments to berate county officials about anything, a full compliment of the Warren County Board of Supervisors breezed through unanimous passage of its Consent Agenda and approval of the first four, and eventually final three, of an eight agenda run of public hearings – including extension of the deadline to pay certain taxes without penalties and interest until June 22.

Seven minutes into Tuesday’s meeting, New Shenandoah National Park Superintendent Patrick ‘Pat’ Kenney, fresh off a stint at Yellowstone National Park, gave County officials an optimistic report on last year and projected 2021 season visitation numbers. Royal Examiner Photos by Roger Bianchini

But that fifth public hearing made the board realize maybe the job’s not as easy as all that, especially for a self-identified staunch property-rights majority. That public hearing on D.C. Metro area resident and federal, foreign service employee John Carpenter and his wife’s Conditional Use Permit (CUP) request to allow a Short-Term Tourist Rental operation out of their Sligo Estates property ran the supervisors into a property rights head-on collision.

That collision was illustrated by all 11 public hearing speakers expressing opposition to the request following the applicant’s summary of his short-term rental proposal. A decision on that property rights collision between one property owner and all 22 of his neighbors and the Sligo Estates Property Owners Association was tabled until the board’s June 15^th meeting.

And while the POA’s 2018-drafted covenants didn’t specifically mention “Short-term rental” or “air B&B” as a commercial use by name, the 11 public hearing speakers from the neighborhood made it clear their perception of the covenants included a prohibition on short-term rentals of less than a month, and as brief as weekend getaways by non-property owners.

And to make that point, the POA approved a new set of covenants the previous weekend which did specifically include a prohibition on short-term rentals. The reasoning largely revolved around security concerns of bringing unknown people with no ties to the community in on a revolving basis as a money-making endeavor. Dangers on the POA-maintained narrow and winding entrance road – called a long driveway by one resident – were also noted. Questions on whether the POA would be liable for any accidents occurring with short-term renters unfamiliar with the entranceway were raised.

Public Hearing speaker Jeff Sisler raised the specter of past problems with visitors to Sligo Estates in expressing ongoing security concerns with strangers in the neighborhood.

One resident, Jeff Sisler, pointed to a past experience in the neighborhood with an intruder involving a murder and/or attempted murder in which a neighbor called him for assistance due to the length of time, sometimes an hour, it takes for law enforcement to respond to the remote neighborhood.

Other issues raised included a perception the applicant was going back on his word that if the community was totally opposed to the use, he would abandon the proposal. And while the vote against Carpenter’s proposal was called unanimous by POA President Caleb Johnson, POA Treasurer Jim Eiserman pointed out that the applicant had voted for his own proposal, perhaps making the opposition less than “unanimous” in his mind.

Opening the Public Hearing, POA President Johnson noted discussion with the applicant had been civil: “And while we’re not on the same page we can keep this civil and respectful – after all, this is Virginia,” Johnson said with a perhaps subtle nod to the “Virginia is for Lovers” marketing strategy.

Above, short-term rental applicant John Carpenter makes his case despite the unanimous opposition of his Sligo Estates neighbors. Below, POA President Caleb Johnson countered that Sligo Estates is not the right place for such a commercial endeavor, and is in fact, barred by the POA covenants.

During his public hearing opening remarks, POA President Johnson observed that Sligo Estates is mostly a second home community for people, like the applicant who may plan on moving there permanently after retirement. So, Shenandoah District Supervisor Walt Mabe asked how different the applicant’s proposal really was from how the bulk of residents utilized their properties for stays of less than a month until they reach retirement age, as the applicant is likely to.

“The difference is that is not a business enterprise,” Johnson responded of owners’ short-term visits, adding of short-term rentals: “They are strangers coming in … The difference is it’s a business.”

“Short-term rentals are a good thing. But they don’t fit in everywhere – our neighborhood is one of those,” POA Treasurer Eiserman told the supervisors, noting the opposition wasn’t personally directed at the applicant, whom he called “up and up” in his dealings with the POA.

While fear approval would create a precedent allowing short-term rentals under any circumstance, Pat Rogers pointed to a 2015 unanimous board of supervisors vote of denial on a similar proposal. The justification for the denial were “concerns raised by neighbors” Rogers observed, telling the 2021 supervisors, “These are precisely the same concerns.”

While acknowledging the County doesn’t get involved in POA covenant disputes which are locally established “rules” as opposed to countywide “laws”, one resident said that residents’ signing off on a POA’s covenants made rule-breaking a simple “matter of right and wrong”.

The specter of litigation by residents or the POA if the application is approved was also raised. – “This will be in litigation,” someone in the audience replied from their seat when the topic was raised by the board. County Attorney Jason Ham said the County wouldn’t likely be involved in such a legal challenge. He added there might be a chance an applicant would bring litigation against the County for denial. However, it would seem that might be an uphill legal battle in the face neighborhood/POA opposition and past denials on similar grounds.

Litigation?!? – We don’t want any part of any more litigation the county supervisors may have thought after being promised from the audience that there would be litigation if Carpenter’s short-term tourist rental is approved. County Attorney Jason Ham, below, said it was unlikely the County would be involved in a neighborhood-POA legal dispute.

So, is short-term rental a commercial use? And whose property rights have priority here?? Our county’s elected officials’ decision on whose property rights hold sway – Stay tuned until the board meets on June 15.

After several periods of silence in response to Chairman Cheryl Cullers call for a motion, Mabe’s re-made motion, after input from the county attorney, to table a decision to June 15, seconded and re-seconded by North River Supervisor Delores Oates, passed on a unanimous roll call vote.

Following Planning Department staffer Matt Wendling’s summary of the proposal see this public hearing discussion begin between the 57 and 58-minute mark of the County video.

The Board’s votes on appointments to fill two vacancies on the Economic Development Authority Board of Directors and support of a “Resolution Seeking Justice for the Citizens of Warren County” in the manner of reinstituting criminal prosecutions of former EDA Executive Director Jennifer McDonald and others implicated in the EDA financial scandal that concluded Tuesday’s meeting, will be covered in a related Royal Examiner story.

Those two EDA-related matters begin at the 2-hour-and-13-minute mark of the County meeting video.