Some residents described themselves as battle-fatigued warriors before the Durango City Council approved new rules for vacation rentals.
The public hearing Tuesday night about rules regulating vacation rentals in established neighborhoods quickly got bogged down as resident after resident rose to voice opinions.
After a four-hour hearing, the council approved a 5 percent cap in the two neighborhoods and two per street segment, with the second requiring a conditional-use permit. They also approved no physical separation of vacation rentals in mixed-use residential buildings if the applicant shows he or she has distributed local contact information for the vacation rental to all unit owners and tenants in the building.
“We’re constantly having to come in here and fight for our rights, fight for our neighborhoods,” resident Heather Bryson said. “Why can’t you just leave us alone, and let us live in peace?”
The main issues were preventing clusters and the physical separation in mixed-use buildings. Staff gave two options for each issue.
To prevent cluster and lessen density, the staff recommended setting a cap of either 3 percent or 5 percent for the neighborhoods and no more than two vacation rentals per street segment. A street segment was defined as the part of the street between intersections. A 3 percent cap would allow up to 22 permits in downtown Durango and 17 on East Second and East Third avenues. A 5 percent cap would allow 35 in Old Durango and 28 on East Second and East Third avenues.
“I don’t see us as eroding the neighborhoods,” Councilor Dean Brookie said. “I don’t see this as an assault on the neighborhoods at all.”
Expressing support for the 3 percent cap, Mayor Sweetie Marbury said, “I’m a neighborhood girl. I also like the one per street segment, not two.”
Marbury said it was very important to have rental housing available.
Councilor Christina Rinderle said she supported a 5 percent cap and one per street segment with the option of granting another through a conditional-use permit.
Enforcement also was a major issue for residents. Many speakers said they knew of illegal vacation rentals in their neighborhoods.
David McHenry said he was confused by the terms the city was using and urged the city to develop a viable enforcement program.
“I’ll believe it when I see it,” McHenry said.
One way the city plans to enforce legal vacation rentals is to require any advertising to have the permit number on the ad, the idea of Councilor Keith Brant.
Rinderle motioned for a 5 percent cap, and Councilor Dick White amended it to 3 percent, which failed 2-3. The vote to approve the 5 percent cap was 4-1.
The council also approved adding parking language to the code that vacation rentals may reduce their parking requirement for three-bedroom or larger units by one space in the Central Business District.
smueller@durangoherald.com
