Owners had been renting home since June
A request for a Special Land Use Permit to allow short-term rentals was recommended for denial by the Blue Ridge Planning Commission Tuesday, December 1.
The commission voted 4-1 to deny the request with opposition from Mark Engledow.
Applicants James and Donna Nichols are the owners of the 529 East Second St. property and have placed the home in a vacation rental program through Willow Creek Cabin Rentals, which changed ownership in July.
Although they’ve yet to obtain a permit, Donna Nichols explained they began renting the home out in June as they had applied for the permit early in the year and had never received anything back from the city.
COVID-19 prevented any renting from March to May.
“From the very time we were shown it (the property in question) by our Realtor, all the way through the offer and closing on the property in January, we were never told it was gonna be a special zoning or in an area it could not be rented short term, and everyone knew from the sellers to the Realtor to owners, everybody knew that that was our intent all along,” Donna Nichols said explaining that she and her husband had not been aware of the nightly rental restrictions.
It wasn’t until September that the city reached out to the former owner of Willow Creek Cabin Rentals to address the issue of the home being rented out and not being zoned for short-term rentals, Donna Nichols said, which resulted in a second application being made.
She explained that through the rental company, the home has a minimum three night booking requirement to stay on the property.
The company also monitors and maintains the property while being rented and screen renters before reservations are made.
The home owners have made many upgrades to the property and have become entwined with the neighbors in order “to not make a nuisance,” Donna Nichols said.
“We went and talked to our neighbors,” she said. “We had already gotten to know them. Some of them both left and right of us and across the street, and so we went and talked to them and told them we were going to file this application. They all signed letters supporting this application.”
She added that the property next to them are apartments for long-term rentals and across from them are commercial properties.
Three residents spoke in opposition, however.
“I was against the ordinance for short-term rentals when it came out,” Richard Arnold of East Second Street said. “If you open this door for this precedence for them, I live a block away from here, I’ve got neighbors here that wanna rent their place across the street. ... I don’t have a problem with it. I don’t think anybody should be telling somebody what to do with their property, but you have an ordinance, and you let these people do it in R-1, you’re gonna have to let everybody.”
Greg Aurthur expressed the same concern, and Marion Merritt explained that he may be more comfortable with weekly rentals.
Planning, Zoning and Project Manager Jeff Stewart explained that he does not see an issue allowing the home as a rental as there are other rentals on the street that were grandfathered in.
Chairman John Soave explained that the “buyer should always beware” and that the cabin company “should know the rules and regulations of the city.”
Willow Creek Cabin Rental Owner Stacy Rhodes explained that when she took over ownership, the company had to refile all the properties through the city and county and were never made aware of any issues with the property.
The City Council will hear the proposal during their regular meeting Tuesday, December 8, in which they will make a final ruling on the property.