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Commissioners reopen transient rental permit door

By Matt Pranger

posted 06/07/00
San Juan County Board of Adjustment heard dozens of transient rental permit requests in the past 18 months. Eight transient rental application hearings are slated for the BOA’s next meeting. The likelihood of those being denied is about as great as no tourists this summer asking the Limekiln State Park rangers: "When do the whales come by?"

San Juan County commissioners, recognizing BOA members frustration and threats of resignation, Tuesday (June 6) decided to revisit the permitting process for transient rentals. Commissioners might allow renting homes or guesthouses for a period of less than 30 days outright.

"I’m think we’ll lose our Board of Adjustment if we don’t do something," said County Commission Board Chair Rhea Miller of Lopez Island.

In December 1998, to control the widespread renting of guest houses and homes, the county started requiring provisional or conditional-use permits for transient accommodations. Neighbors of several transient rental applicants objected to the short-term accommodations in their neighborhoods.

The BOA, siding with neighbors in the Buckhorn Addition of Orcas Island, rejected Robert Greene’s application. Greene appealed to San Juan County Superior Court.

In April, Judge Alan R. Hancock ruled against the county, citing cases maintaining "it is not appropriate to deny a conditional-use permit or other development permit simply because of community displeasure." Hancock concluded Greene’s rental, and transient rentals in general, can be mitigated by appropriate conditions. (see previous article about decision)

Hancock’s ruling left the BOA with little choice but to approve most transient rental applications. Several BOA members complained about their role being reduced to rubber stamping, county Assistant Prosecuting Attorney Karen Vedder told commissioners. "They believe they are being abused," she said.

BOA members probably will quit their volunteer, quasi-judicial jobs if a change in the permitting process is not made, Vedder warned. "A mass of resignations from the Board of Adjustment wouldn’t be unlikely," Vedder said.

Miller empathized with the BOA: "It’s like us listening to a 13 hours of tapes and then at the end only being able to say, ‘Yes.’"

County Permit Center Director Grant Beck characterized the transient rental permit process as a "lose, lose, lose" situation. He said there is no effective method for neighbors to influence the process, and the applicants wonder why they need to undergo the process.

"It’s very frustrating for the neighbors, and it’s also very frustrating for the applicants," Beck said.

And the Permit Center staff and the BOA are in the middle. "We’re catching it from both sides and are not able to deal with it effectively," Beck said.

He suggested allowing transient rentals outright. "There’s no way to deny them and there’s no way to make everybody happy," he said. Beck noted even without a permit, the county could enforce performance standards for transient rentals.

Miller and Commissioner John Evans of Orcas Island said they were willing to consider allowing transient rentals outright. "It’s only fair to the Board of Adjustment, and, heck Grant, it’s only fair to you too," Miller said.

Commissioner Darcie Nielsen of San Juan Island also wants to look at allowing them without a permit, but is concerned about permitting them in neighborhoods designated Rural Residential. Noting most complaints have been about such transient rentals, Nielsen said, "Maybe we should prohibit them on Rural Residential lots less than one acre."

"That type of blanket prohibition would be unfortunate," said Evans, noting transient rentals are not a problem in some Rural Residential areas on Orcas.

Commissioners also discussed whether it would be appropriate to consider changes to the transient rental permit process as part of its response to the Growth Management Hearing Board Order. Part of that order directs the county to look at guesthouses. Vedder and Beck said it would be appropriate.

"There’s nothing wrong with the Board of County Commissioners wanting to clarify this across the board," Vedder said.

The commissioners directed Beck to work with county Planning Director Laura Arnold on a process that would allow transient rentals outright with "appropriate standards."