03-14-2016 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 13. #15-3759 CITY OF ORONO TEXT AMENDMENT: SHORT-TERM (VACATION) RENTALS ORDINANCE (continued) McMillan suggested the City Attorney also check with Greenwood. Knutson stated he is only asking for the Council to consider the length of the rental and that in his view he is not asking for anything that is unreasonable. Walsh stated the Council agrees with him but that he wants to find out more information about how it can be enforced so it is done right the first time. Cornick asked if there are any opinions out there that say vacation rental is considered a business. Mattick stated the question is whether a short-term rental changes the use into a business, and the case law he has reviewed is that when it is rented for a business to sell objects or provide a service, then the answer is yes. Mattick stated he has not seen anything that says the simple act of renting a home becomes a commercial use. Knutson stated homesteading the house is also an issue. Mattick noted that would fall under the tax code and not a zoning code. McMillan stated she is not as concerned with people who rent out a room and are living in the house, but that she is not completely comfortable with the resolution and would like more information. Walsh noted there will be a lot more short-term rentals with the Ryder Cup and the Super Bowl coming to the Twin Cities. Cornick stated perhaps it could be a minimum of a week rental. Cornick stated in his view a vacation is typically a week, sometimes two weeks, and so if it a vacation rental, a week would be reasonable. Knutson stated a survey they did of the neighborhood was that they would prefer 30 days as a minimum. A number of the residents said six months and some said a year. Knutson noted nobody said two or three days or even a week. Walsh moved, Printup seconded, to table Application No. 15-3759, City of Orono Text Amendment: Short-term (Vacation) Rentals. VOTE: Ayes 5, Nays 0. 14. #16-3809 CITY OF ORONO TEXT AMENDMENT: SETBACK FOR ACCESSORY STRUCTURES — ORDINANCE NO. 165 Barnhart stated this amendment corrects an ordinance that is too broad for its intent. Staff has removed the minimum 10 -foot setback required between accessory structures. The setback was originally intended to minimize massing. Non -roofed structures typically do not have a negative impact on massing as roofed buildings do. The current ordinance requires patios to be set back from detached garages and other patios, which can be a burden for property owners. Page 30 of 37