Friday, May 6th, 2022
Short rentals, long debate
Final comments heard on short-term lake-area rentals
By William Kincaid
Photo by Paige Sutter/The Daily Standard
Milt Miller, a resident of the Northwood housing subdivision, speaks on short-term rentals during a Mercer County commissioners' public hearing on Tuesday.
CELINA - Those for and against restrictions on short-term rentals in Eastern Jefferson Township gave final public testimony before Mercer County commissioners this week.
Commissioners held a roughly hourlong pubic hearing Tuesday to accept input on an amendment to county zoning that would permit short-term rentals as a conditional use in R-2 and R-3 areas as long as specific conditions are met and the proposed conditional use will not adversely effect neighboring properties.
If commissioners approve the amendment, short-term rentals would not be permitted in low-density residential R-1 zoned areas.
Commissioners are the end decider of a multistep process that began last year after a group of home-owners voiced opposition to the short-term rental of homes through online services such as VRBO and Airbnb. This set in motion a series of public hearings involving three county government commissions.
County commissioner Greg Homan opened Tuesday's hearing by summarizing the proposed changes and the actions that have been taken as the amendment worked its way through the process.
He also noted legal counsel is of the opinion that should the proposal be enacted, the health department does not have the authority or expertise to conduct inspections as stipulated in the proposed amendment. Also, existing short-term rentals would be grandfathered as a nonconforming use, Homan said of the legal opinion.
A familiar group of residents for and against short-term rentals who have voiced their opinions at past hearings showed up on Tuesday to reiterate their stances.
Some people who have lived for many years in East Jefferson Township said they don't want to live next to properties that have a revolving door of temporary occupants. They cited alleged incidents of trespassing, excessive noise and other nuisances caused by renters.
Others who had purchased homes in the area as investment properties expressly for short-term rentals and their allies argued restricting the use of their homes would amount to a violation of their property rights, set a bad precedent and hamper lake tourism and commerce.
Milt Miller, president of the Northwood Homeowners Association, spoke in favor of the proposed restrictions on short-term rentals.
"These regs only pertain to East (Jefferson) which goes approximately from McDonalds on the north shore to the county line to the east," he said. "It has nothing to do with Celina, the south side, the west bank or other townships.
"It is our position that these rentals are businesses and do not qualify under the standards of single family residences," he continued. "It is our experience that these rentals are owned by out-of-township corporations and LLCs with the business model of three days rented, one day cleaning and three days rented."
Based on his research and experience, tenants typically stay to party in spite of the nature of the subdivision, Miller alleged.
The amendments and definitions under consideration represent a compromise Miller said he and others are willing to accept.
"What we have experienced is trespassing, loudness well past the normal bedtime, rudeness by the tenants and ignoring speed laws in the subdivision," he said.
Miller pointed out the narrow roads, absence of sidewalks and limited parking in the subdivision.
"It's our position that short-term rentals definitely have a place in our area but not just in the quiet neighborhoods that span the north shore," he said, pointing to Boardwalk Village and Romer's Westlake Hotel Villas as examples of good accommodations for visitors.
Deb Borns, a longtime area real estate agent, claimed short-term rentals diminish the property values of neighboring homes. A home used for short-term rentals may very well increase in value but the same can't be said of adjacent homes, she asserted.
"But it's definitely not going to increase the neighbors' property values. It's going to decrease the property values," she said.
Borns said she and others are not against the notion of short-term rentals.
"We just don't want them next to us where we're living," she said. "They don't need to be in single, family residential areas where single family people are living there, working there and enjoying their property - and paying taxes, by the way."
Beth Hoffman shared negative experiences of living next door to a short-term renal home for about seven months.
"It was nonstop traffic, nonstop new people that you have no clue who they are or where they're coming from," she said. "They had no problems coming on over and using our property and our seawall and when we'd ask them to leave they'd get upset. They thought when they came in and rented they had free reign and could do whatever they chose."
She said it was like living next door to a motel.
"They're there to party. We get up and work. They don't. They don't care. They just have no concern for anybody, anything, and I guarantee you that not one of you sitting up there would want one next to you."
Those against short-term restrictions had their say at the hearing, too.
Photo by Paige Sutter/The Daily Standard
Shawn Dues speaks against the proposed zoning restrictions on short-term rentals in residential areas.
Shawn Dues, broker/owner of 1st Call Realty, said she is a former owner of an Airbnb short-term rental property. She said she hosted more than 40 guests during the last two years.
"I know that there is a demand for clean and unique lodging options in our area. Short-term rentals make a positive impact on our county by bringing visitors to the area to work, visit friends and family and vacation opportunities," she argued.
Those visitors also help drive local commerce, she said.
"Just at a time when we see local companies like RCS investing large amounts of money into building and expanding to bring people to our lake and improve our community, why would you want to restrict progress?" she asked.
The lake is on the mend, attracting people back to the area who need nice accommodations, she said.
"The option of short-term vacation rentals offers more than just a hotel stay for visitors, they offer an experience," she said. "The renters that I have hosted have been mature, responsible, respectful, quiet, courteous and most of all curious and interested in what our area has to offer."
Owners of such properties set the lodging rules and restrictions and leave instructions for guests, she said. They also have final say on accommodation requests based on ratings systems and previous reviews, Dues said.
Moreover, they have a keen interest in keeping up their property and neighborhood.
"Ultimately the responsibility of any long- or short-term rental property lies upon the property owner. Unlike some long-term rental property owners, all short-term owners are incentivized to keep their properties appealing, well maintained and updated." she said.
Dues said if commissioners consider adding to the zoning code to limit property owners' rights she suggests they should in fairness apply the same restrictions and use-limitations to all long-term rentals in East Jefferson.
"If you plan to restrict prosperity in our area please also restrict stagnant long-term rentals that may be unsightly, ill-maintained or a long-term burden to surrounding neighborhoods," she said.
Angie King, a Realtor and small business owner involved in buying, selling and managing real estate investments, pointed out short-term rentals have a different demographic than most hotel guests.
"Generally, it's families, in many cases generational families, looking for a place to lodge together," she said. "They don't want multiple hotel rooms and a short-term rental provides an affordable option for renting a multi-bedroom home."
If the zoning amendment passes, Mercer County will present an unwelcoming message and tone about how the community feels about visitors, vacationers and others, King argued.
Photo by Paige Sutter/The Daily Standard
Donna Grube speaks against the proposed zoning restrictions on short-term rentals in residential areas.
Donna Grube, director of the Greater Grand Lake Visitors Center, also weighed in on the issue.
"To become a popular tourism area you really need to have a mix of housing for visitors - campgrounds, hotels and short-term rentals," she said. "All three of those serve different interests and different visitors."
There's always a few bad apples but the proposed amendment seems tantamount to using a shotgun to take care of a fly, she said.
At the hearing's conclusion, Homan said commissioners take all of the testimony offered seriously. They will also accept other comments on the issue.
They have 20 days from Tuesday to make a ruling but commissioner Jerry Laffin would rather they act within 10 days if possible, Homan said.
"If it is adopted the amendment shall become effective 30 days after the date of such adoption unless a petition for a zoning referendum is presented to the board," Homan said.
Photo by Paige Sutter/The Daily Standard
A woman puts her head in her hands in frustration during Mercer County commissioners' public hearing about short-term rentals.
