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BOCC agrees to minor changes in transient rentals

posted 10/21/02
San Juan County Commissioners turned down most of the planning department recommendations regarding guesthouses during a worksession Tuesday, October 15, 2002. They agreed to two changes in transient rental regulations. " This issue probably splits people 50/50 more than any other issue," said Commissioner Rhea Miller.

In July 1999, October 2000 and in November 2001, the Western Washington Growth Management Hearings Board decided the county's policies and regulations regarding guesthouses failed to comply with the Growth Management Act. The county hired a consultant to compile facts and statistics about accessory dwelling units in San Juan County. A summary of the consultant's work, the planning commission and planning department staff's recommendations are available in a PDF version of the 76 page report on the county's Web site.

The impacts on density of allowing an ADU on every parcel in San Juan County was one of the issues to be addressed. Under current rules, ADUs are limited to not more than 1,000 square feet and must share water and sewer systems with the main house. Rentals of the ADUs are allowed if the main house is used by the owner or a long-term leasee.

Possible changes in regulations regarding short-term (transient) rentals of residences were considered by the BOCC at the same time they reviewed ADUs. Several residents had asked for the transient rental regulations to be revised.

TRANSIENT RENTALS
Short-term rentals of homes is allowed in the county. Several residents had requested changes be made in the regulations ranging from an outright ban to more stringent permits. Several spoke out about the impact the practice has on their neighborhoods.

Steve Hopkins said allowing homes to be rented out nightly is a commercial use not residential. "Random groups of people moving in and out of neighborhoods is not a residential use," he said. "Residents of Shaw and Waldron ban transient rentals. Why can't Lopez, Orcas and San Juan Islands have the same protection?" In his neighborhood of 65 homes, nine are used as transient rentals. "The argument is made that homeowners should have the right to short term rent to offset cost of their homes" he said. "Eight (of the nine) are owned by off-island investors. These are investor driven schemes. Place the needs of the neighborhoods above the needs of investors"

Sarah Crosby of Friday Harbor favored the short-term rentals of homes. "The term transient rental is perjorative," she said. There are conditions put on the transient rental permits, she said. "One of the advantages of short term rentals is the efficient use of housing stock," she said. "Space isn’t always available in hotels." Another advantage is by giving people opportunities to rent houses for vacations in the San Juans it prevents them from going to the time and expense of building their own vacation home."

Bob Gamble compared transient rentals to Bed and Breakfasts which are banned in rural residential land designations. " People are having B&Bs without food service," he said. "The unsupervised overnight rentals can destroy the neighborhood. It has the potential that we will have entire neighborhoods which are a dispersed hotel." He said property owners should have their property rights protected. He favored allowing 30-day rentals and saying no to transient rentals in rural residential zones.

" We don't have an easy solution," Commissioner Rhea Miller said. "On the East Coast there are islands where almost all of the housing is taken by investors. People are taking the long view, more and more are investing in houses for income." She understood the concerns of residents who have the "fear of never knowing who is next door when you are on small lots."

Commissioner John Evans said, "In some cases, transient rentals are beneficial, in other cases they are detrimental."

The planning department staff recommended " Owners of transient rentals must file with the Administrator the name of a person or of a licensed, professional property manager who will be accountable for the compliance of the rental with laws, regulations, and permit conditions if the owner or lessee is not physically present." be added to the current regulations. The other change recommended was: "The owner or lessee of the short-term rental shall provide notice to the tenants regarding their responsibility not to trespass on private property or to create disturbance. If there is an easement that provides access to the shoreline, this shall be indicated on a map or the easement shall be marked; if there is no access, this shall be indicated together with a warning not to trespass."

The county commissioners agreed to the two changes. Commissioner Darcie Nielsen and John Evans want the term transient rentals be dropped in favor of vacation rentals.

The BOCC's discussion of ADUs will be posted Tuesday, October 22, 2002.

MORE INFORMATION ON COUNTY'S WEB SITE

EXECUTIVE SUMMARY

COMPLETE 78-PAGE REPORT