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Meeting: Board of County Commissioners on 2023-07-18 10:00 AM

Meeting Time: July 18, 2023 at 10:00am PDT
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Agenda Item

13. Public Hearing: Reconsideration of the Board of County Commissioner's grant of an appeal of the Washoe County Director of Planning and Building's partial approval of Short-Term Rental Administrative Review Case Number WSTRAR22-0013 (Gupta), which sought a Tier 2 short-term rental (STR) administrative review permit for a maximum occupancy of 14 persons at 1447 Tirol Drive, Incline Village, Nevada 89451. The Tier 2 STR permit was approved by the Director of Planning and Building for a maximum occupancy of 12 persons in accordance with Article 319, Short-Term Rentals (STRs), and Article 809, Administrative Review Permits, of the Washoe County Development Code. On May 9, 2023, the Board granted the appeal based on a factual finding that the subject property has two parking spaces, which limits the occupancy to 8 persons in accordance with WCC 110.319.15(b)(3). The applicant and property owner are Sanjay and Geetika Gupta. The property is located at 1447 Tirol Drive, Incline Village, Nevada 89451. The Assessor's parcel number is 126-560-33. The parcel of land is 0.001 acres in size with a master plan designation and regulatory zone of Tyrolian Village, within the Tahoe Area Plan. The appellants are Linda L. Smith and Paul E. Smith. The Board should consider the record from the May 9, 2023, public hearing and any additional evidence presented during this public hearing and may confirm, reverse or modify the appealed action based on its interpretation of the required standards in accordance with WCC 110.809.20(e) and WCC 110.912.20. Virtual Public Comment Eligible. Community Services. (Commission District 1.) FOR POSSIBLE ACTION

Legislation Text BCC 7-18-23 - Staff Report - Appeal WSTRAR22-0013 Gupta BCC 7-18-23 - Attachment A - WSTRAR22-0013 Written Decision BCC 7-18-23 - Attachment B - Staff Report - WSTRAR22-0013 BCC 7-18-23 - Attachment C - WSTRAR22-0013 Appeal Application BCC 7-18-23 - Attachment D - STR Tier 1 Permit WSTR23-0028 BCC 7-18-23 - Attachment E - STR Parking Verification Letter BCC 7-18-23 - Attachment F - HOA Attorney Email 12-30-22 BCC 7-18-23 - Attachment G - HOA Attorney Email 1-4-23 - 3 Parking Spaces BCC 7-18-23 - Attachment H - Tyrolian Village Unit 4 - Recorded Map BCC 7-18-23 - Attachment I - Tyrolian Village Unit 4 - Assessors Map BCC 7-18-23 - Attachment J - BCC 5-9-23 - Staff Report - Appeal WSTRAR22-0013 Gupta BCC 7-18-23 - Attachment K - BCC 5-9-23 Final Action Letter BCC 7-18-23 - Attachment L - BCC 5-9-23 Videoclip BCC 7-18-23 - Attachment M - BCC 5-9-23 - Staff Presentation BCC 7-18-23 - Attachment N - BCC 5-9-23 - Appellant Presentation BCC 7-18-23 - Attachment O - BCC 5-9-23 - Applicant Presentation BCC 7-18-23 - Attachment P - BCC 5-9-23 - Document from Appellant - TVA CC&Rs (2018) BCC 7-18-23 - Attachment Q - BCC 5-9-23 - Document from Appellant - TVA Parking Rules & Regulations (2022) BCC 7-18-23 - Attachment R - BCC 5-9-23 - Public Comment BCC 7-18-23 - Attachment S - Videoclip of May 23 BCC 7-18-23 - Attachment T - BCC 5-23-23 - Staff Report - Reconsideration BCC 7-18-23 - Attachment U - BCC 5-23-23 - Public Comment BCC 7-18-23 - Attachment V - Ordinance 1686 BCC 7-18-23 - Attachment W - Sample Tier 1 STR application BCC 7-18-23 - Appellant July Power Point to Washoe BCC BCC 7-18-23 - Staff Presentation - WSTRAR22-0013 Appeal BCC 7-18-23 - Applicant Presentation WSTRAR22-0013 Appeal
1 Public Comment
  • Default_avatar
    Kelly Coffey over 1 year ago

    I believe the first appeal of a Tier2 STR permit has shown the challenges of writing fair legislation.
    I encourage this Commission to simplify WCC-319 code, so it does not discriminate against a specific type of HOA just because its CC&Rs uses or does not use phrases or words found in the ordinance which would be only a matter chance.
    I respectfully recommend changing section 110.319.10(d) to the following
    (d) For STRs within multi-unit developments, the application must include evidence of the number (and location, if applicable) of parking spaces, <<DELETE:allocated to>> <<ADD:for>> the unit. <<DELETE:Where parking spaces are unassigned, overflow parking will not count toward the required number of parking spaces;>>
    - The last sentence’s use of overflow parking causes confusion since I could not find a HOA that uses the word “overflow” to define parking spaces in their community. I only found the word “overflow” in, FOIA acquired, STR parking complaints filed by the appellant and two Tyrolian Village board members currently facing a recall election and who have caused pending civil action against the Tyrolian Village HOA by over 15 Tyrolian Village Owners due to these anti-STR Board members creating a new rule 10 days post the WCC-319 amendment which limits our single-family residences to a single parking space. The Board claims WCC-319 amended “overflow” sentence prohibits their action to create a rule to accommodate STR tenants to use our shared parking like other tenants are allowed.
    - Remove “allocated to” since not all HOA governing document use “allocated”

    Given the County Planning Ordinance 110.410.10 requires at least two parking spaces per single family, how can TVA HOA justify that some homes only have one usable parking space?

    Informational data from HOA CC&Rs and STRs permits recorded with Washoe County
    - HOA governing documents are not uniform in use of legal words.
    - Of 16 HOA sampled only 4 mention parking in their CC&Rs.
    - Some HOAs have 100% assigned parking.(Usually very limited real estate)
    - Some HOAs have 100% shared parking.
    - Other HOAs have a hybrid model of small amount of assigned parking and shared parking among owners, guests, and tenants. (TPRA encourages shared parking)