Date: May 4, 2018

Summary of Appeal request for variance to acreage requirements for vacation rental – Matthew Holcomb

Property Information: The subject property is .60 acres, located at 238 Derby Lane. (Tax Parcel: 087-

051) The land use character area is Rural Places (RP). Access to the property is Derby Lane, a county road. (See property location and site maps in attached Appeal Packet)

Requested Appeal: Matthew Holcomb is requesting to operate a vacation rental on the property. The

property is located in the Character Area, Rural Places. The Land Use Code within this character area requires that this type of business have a minimum of two acres. Matthew applied for a variance to these requirements and the variance was denied by the Planning Commission in the April 9th 2018 meeting. The decision by the Planning Commission was based all information presented to the board. (See attached – Draft Planning Commission Meeting Minutes April 9th, 2018)

On April 10th, 2018, the Planning Department received and official notification of appeal from Matthew Holcomb.

The basis of appeal is: Applicant stated that there was no one in the immediate community present to

object to the variance request.

(See attached – Matthew Holcomb Appeal Packet)

Planning Director’s Comments: Below is the applicable Land Use Code for the property.

Chapter 27: Land Use Code ARTICLE III. - CHARACTER AREA DESCRIPTIONS Sec. 27-66. – Rural Places

Lumpkin County, Georgia

Planning Department

(c) Preferred land use pattern table. The following table gives a general outline as to the land uses that are generally encouraged and discouraged within this character area.

Land Uses Encouraged Land Uses Discouraged

Small scale agricultural and forestry uses Conventional subdivisions

Single-family homes on large lots Mobile home parks

Class I, II, III, V, VII subdivisions Higher density housing

Rural, conservation and equestrian subdivisions Stand alone nonresidential

uses

Light agricultural commercial uses, such as commercial riding stables, farm produce, etc.

Intensive agricultural commercial

Transient lodging, such as B&Bs, lodges, Inns, RV parks and campsites*

Compatible "cottage" industries*

Compatible institutional uses, such as churches, community and neighborhood recreational centers*

Archery, paintball, and firearm related activities, to include training, competition, and practice

(d) Development standards.

(5) Small lodging (including B&Bs, lodges, inns, RV parks and campsites). Uses described herein pertain to small tourist accommodations. Traditional hotels and motels are regulated as commercial uses.

a. The minimum lot size shall be two acres for B&Bs, lodges, and inns.

Lumpkin County Planning Commission Meeting Minutes

April 9th, 2018

Discussion of Precautionary Appeal: Wheat George Butler filed a precautionary appeal to the Board of Commissioners in the event that the Planning Commission does not elect to reconsider its previous vote of denial for Maryanna Wheat’s vacation rental variance request in the March 12th 2018 Planning meeting. Barbara Bosanko requested to withdraw her denial and made a motion to reconsider the application for the May Planning meeting. Danny Clark seconded the motion. After some discussion regarding procedure, review of the appeal Land Use Code and interpretation of Robert’s Rules of Order, Danny Clark rescinded his second on the motion. The motion died due to lack of a second. It was decided that the next step will be for the BOC to hear the appeal on 15 May 2018 at 7:00 pm, BOC Boardroom. Reading of the March meeting minutes.

Ridge Rairigh made a motion to approve the minutes of March 12th, 2018 Planning Commission meeting. Danny Clark seconded the motion. Meeting minutes were approved with a 2 to 1 vote. Terry McCleod and Sean Phipps abstained.

Old Business: • VARIANCE: (Feb 12th, 2018 Planning Commission Vote to Continue)

Discussed the Continued Variances regarding the Feb 12th Planning Commission, which voted to “Continue” two Vacation Rental variances in order to gain the BOC’s guidance on Vacation Rentals acreage requirements. These two variances were pulled by the applicants Fister and Swope.

New Business: Preliminary Plat Approval:

Greg Hayes is requesting a Class III subdivision preliminary plat approval in order to develop Camp Creek Overlook Subdivision (RG), located on Auraria Rd. and Ben Higgins Rd. (Tax Parcel No. 047-050)

Greg Hayes and Jason Davis were present for this variance request. Jason Davis stated that he is asking for preliminary plat approval of Camp Creek Overlook. Ridge Rairigh made a motion to approve the preliminary subdivision site plan contingent upon completion of the required changes addressed by the Planning Department. Barbara Bosanko seconded the motion. The motion passed unanimously.

• VARIANCE:

1. David Whited is requesting a variance to Sec. 26-59 (1) & (2), of the Land Development Regulations (RG) in order to subdivide a 16.75-acre tract off a paved private road into 3

parcels and within a two-year period, located at 269 Old Ellijay Rd. (Tax Parcel No. 045-233, orig. 045 005) David (Wayne)Whited was present for this variance request. He would like to subdivide this property for his father and sister in order to build their homes. He would like to do it now, instead of waiting for the two-year period to help facilitate his financing. Barbara Bosanko made a motion to approve this variance as requested, Ridge Rairigh seconded the motion. The motion is passed unanimously.

2. Clayton Santiago is requesting a variance to Sec. 27-67 (d) (4) a. & e., of the Land Use Regulations (RG) in order to operate a vacation rental on less than 2 acres and off a private road, (.68 acres) located at 27 Bobwhite Dr. (Tax Parcel No. 108-055)

Clayton Santiago was present for this variance request. He and his wife purchased this property about a year ago and have operated as a part time vacation rental and spend time there themselves as well. They are also well aware this is a “hot button” issue in the County and are very sensitive to the issues. The property is unique in that it has a buffer to the rear of the property (Chestatee River) and on the other side is a large tract of conservation land. His access the property is about 50ft off of Copper Mine Rd. There are six property owners along the street, four are full-time residence and two are part-time. He stated that they have support of the owners which they see as a benefit to having someone occupying the property and the neighbors recognize that he has demonstrated that they do significant screening of the short-term renters. They have been renting short-term since November 2017which was discovered during the Hotel/Motel audit. Bruce Layman a property owner and neighbor spoke in support of the variance request. He stated that they have done an excellent job of managing this rental, screen applicants well. VRBO also manages the screening well and limits the amount of people who can stay, no pets etc. The home is well taken care of and the Santiago’s run the business very efficiently and screen their candidates very well. Fred Brown and wife Jennifer stated they are in full support of this request as well. He has nothing but good things to say about the Santiago’s. There were several people who spoke in opposition to this variance request, none of which who live in or near the subdivision. The issues that were brought forward were the following:

this is a County issue and there are rules and regulations in place and should be followed.

they don’t even come close to meeting the criteria. we must be consistent in what we do. a variance approved will destroy the fabric of the neighborhood.

Ridge Rairigh made a motion to deny the variance as requested, Terry McCleod seconded the motion. The motion carried unanimously.

3. Thomas Atkinson is requesting a variance to Sec. 27-67 (d) (4) a., of the Land Use

Regulations (RG) in order to operate a vacation rental on less than 2 acres, (1.04) located at 234 Cane Creek Valley Rd. (Tax Parcel No. 059A-021) Thomas and his wife were present for this variance request. They are requesting to operate this short-term rental in what essentially is a Mother-in -law suit which is attached to the property to which they reside in. Behind them is woods and a

creek, across the street is a residential home and also a commercial run mechanic shop. Next to them is a residence rented full time by college students. Using Airbnb as a platform has tools to regulate who, what and when they can rent. They want to rent short term so they can use it for family when in town visiting them as well. It gives them the perfect opportunity for rental income, they believe that short-term rental is the best means. No one was present in favor of the variance request. There were several people who spoke in opposition to this variance request, none of which who live in or near the subdivision. The issues that were brought forward were the following:

this issue is chronic and epidemic, the property should be rezoned convenience is not something should be allowed for a variance not close to meeting the regulation, if approved a precedence will be

set there are other people in need of long term rental other than college

students Airbnb is not always accurate when vetting renters

Terry McCleod stated that if the land lord lives in or next to the short-term rental and under their own roof they should be allowed to do what they want to do, so he made a motion to approve the variance with the condition that it is only for the in-law suite and not the main residence. Ridge Rairigh stated that the land lord is present and renting under their roof is what makes a difference in this variance request versus others the planning commission has reviewed. Barbara Bosanko seconded the motion, and the motion was approved unanimously.

4. Mathew Holcomb is requesting a variance to Sec. 27-66 (d) (5) a., of the Land Use Regulations (RP) in order to operate a vacation rental on less than 2 acres, (.60) located at 238 Derby Lane. (Tax Parcel No. 087-051)

Mathew Holcomb was present for this variance request. He stated that he purchased the property a year and a half ago and has decided to rent it out short-term. They have been renting this property short-term and have not had any issues. There are three full time rentals and the rest are short-term rental properties. The property is located on the very north end of the county, people like the property to trout fish and locate near the trails. He stated they are up to the house at least once a month, he resides in Calhoun, Ga. Their neighbor is also a short-term rental. There is no one present to speak in favor of his request. There were several people who spoke in opposition to this variance request, none of which who live in or near the subdivision. The issues that were brought forward were the following:

.60 is no where close to the two-acre requirement there had to be reasons for the two-acre requirement, if we allow the

variance then it undermines the reason of the regulation property owners should do better research, due diligence prior to

purchasing properties when they want to rent short term

Ridge Rairigh made a motion to deny the variance as requested, Terry McCleod seconded the motion. The motion carried unanimously.

Meeting adjourned. Members present: Sean Phipps (Vice Chairman) Danny Clark Ridge Rairigh Barbara Bosanko Terry McCleod Staff present: Larry Reiter and Bruce Georgia