2019 Short Term Rental Licensing Ordinance Public Comments

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11/23/19 Pat & Nick We vote ‘NO’ on any Proposed Short-Term Rental Ordinance in Crow Wing County.
Heinen
Thank you for your comments. Crow Wing County believes that properly regulated shortterm rental licensing will minimize public safety risks and nuisances and enhance environmental protection without negatively affecting the positive values and attributes associated with their use. The goals of this licensing were to adopt sensible and enforceable regulations that ensure that short-term renting remains an attractive option for property owners while also preserving the residential integrity of
1neighborhoods.
11/23/19 Paula
Ronning
As a resident next to a Vacation rental, these rules need to be stiffer. Such as quiet time should be 10 pm. I work and head to bed early. I own my home and pay taxes to live on my lake. When I go to bed at night I want to be able to have my windows open and hear the loons. Not the idiots next door having a outdoor party til all hours in the night. We live on a small lake so we don't have a lot of boat traffic. This is our home year round. Summer is short. These places are being used as commercial property with tax breaks of being homesteaded. Our quiet residential area is just that, so why are we allowing commercial business in our area. This is more traffic on a dead end street where it used to be quiet. When buying or selling a home next to one of these rentals it should be disclosed. It also should need the approval of the closest impacted neighbors as it really

Thank you for your comments.

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Short-term rentals have largely been flourishing as unregulated by Crow Wing County for some time. Crow Wing County believes it is taking a sensible approach to regulating short term rentals through the regulations proposed in this Ordinance. Compared to other Counties and cities in the area that regulate short-term rentals, we believe this ordinance strikes a affects each neighbor of the adjoining property. Resorts and Hotels are set up for people, proper balance between protecting parking and noise and have all the necessary policy and safety in place.People bring their homeowners’ private property rights and dogs and let them run, last year I had a dog chase a doe through my yard.Not to mention promoting tourism on the one hand, while the barking. Please please this is our home we grow weary of the constant commotion day in and day out during the summer. I see Lake county will now charge the home owners with commercial taxes. Why not just keep residential areas residential and leave the Hospitality industry to them. preserving the residential integrity of neighborhoods on the other hand.

Concerning quiet hours, the County believes that 11:00pm for the start of quiet-time strikes the appropriate balance of rights vs. residential integrity identified above.

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Concerning parking and other potential private property rights issues, state laws regulate and restrict a number of different issues. Any officer of the law who is able to enforce state statutes is able to enforce these laws.

Concerning tax assessments and commercial uses, this proposed Ordinance does not regulate property tax classification(s), impose new / different taxes, nor does it change the current land use (zoning) classification to a different district.

Tax assessments are handled as a separate issue. Earlier this year, Cook County requested guidance from the MN Department of Revenue Property Tax Division, who oversees and regulates county property tax assessment functions, on how to properly classify shortterm vacation rentals. We have and must follow how they tell us to classify short-term vacation rentals. At present, if the primary use of a property is as a vacation rental, our instructions are to classify that property as commercial.

11/24/19 Lori
Norman

Great ideas I would approve without modifications.

Thank you for your comments. Crow Wing

County believes that properly regulated shortterm rental licensing will minimize public safety risks and nuisances and provide enhanced environmental protection without negatively affecting the positive values and attributes associated with their use.
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11/25/19 Tom Larson (Phone) All for it! There are a number of issues with people who rent them.
Noise – very bothersome, fireworks year round
Thank you for your comments. Crow Wing County believes that proper, sensible
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regulations enacted through a licensing Ordinance will reduce negative consequences associated with some short-term rentals while promoting tourism and protecting homeowners’ private property rights. We believe this proposed Ordinance will do just that.

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During summer the one near them is always rented, homeowner is not present Trash on the road Don’t respect the lake or the road Air B&B – they are draining a swamp on the property into the lake Rentals should be controlled and taxed as a business since that’s what they are 23504 South Shore Lake Drive, Emily – Air B&B near them

11/26/19 Chris Pence Good morning - thank you for the opportunity to comment on the new proposed ordinance. I am not writing these comments to support or not support the ordinance - just things to consider if you do in fact adopt the ordinance.

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Concerning jurisdiction, the Ordinance does indeed apply to all areas within the boundaries of Crow Wing County including both cities and

townships.

1. What is the jurisdiction (Section 2.3) of the ordinance - the jurisdiction reads

that the ordinance applies to all areas within the boundaries of Crow Wing County - does that include incorporated cities as well as the townships? I am assuming not and the ordinance should clearly state this. You may also want to review the purpose statement under Section 1.1 to clarify jurisdiction of the ordinance.
2. I recommend that you add a definition under Section 2.1 - Subsurface Sewage
Treatment Systems (SSTS) should be defined according to MN Rules 7080.1100 Subp 82.
Concerning liability limits, this has been referred to Legal Counsel for review.

Concerning occupancy limits, the intent of the ordinance is to strike a proper balance between protecting homeowners’ private property rights and promoting tourism on the one hand, while preserving the residential integrity of neighborhoods on the other hand. To that end, we believe that allowing up to 4 people perroom plus one person overall for the rental appropriately strikes that balance.
3. I recommend that you add a definition under Section 2.1 - Bedroom should be defined according to MN Rules 7080.1100 Subp 9 A&B.
4. I recommend that you clearly state what 24/7 means in Section 4.1 (c) - we know what that means in slang but should be clearly spelled out in an ordinance.
5. I recommend that the county request a copy of the paperwork that documents proper liability coverage is in place for the short term rental operation. Is there a required amount? I am not sure what acknowledgement means.
6. I recommend that you spell out SSTS in Section 5.1 (a) to clarify what the acronym stands for. I also do not know what ALASD stands for in Section 5.1 (a)
7. A septic system is sized during the permit process by the owner stating how many proposed bedrooms will be in a new home. This can change over the years as the county does not require a permit for a new bedroom that does not add new space to the dwelling. I recommend that the county clearly define a bedroom and then physically inspect the dwelling to verify the number of
Concerning septic systems, the term “ALASD” means “Alexandria Lake Area Sanitary District” and is a vestige from a similar but different short term rental ordinance. The intent was to identify a central sanitary sewer district (SSD). We will revise this language to correct the error.

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bedrooms before issuing a license. If there are more bedrooms in the dwelling

Concerning occupancy, the proposed Ordinance

then it is sized for, the county must require that the system be upgraded to meet states “overnight occupancy”, which means

current ordinance requirements.

that the intent is to regulate only persons who

have rented the short-term rental and intend to stay overnight. When they do so, only the maximum persons allowed per-bedroom and one more overall in each building will be allowed during the rental period.
8. I do not agree with Section 5.1 (c) - once a septic system has been inspected, it should not need to be inspected again - it is more important that an operating plan be placed on the parcel that regulates maintenance of the system.
9. The occupancy listed in Section 5.2 states that the overnight occupancy is four people per bedroom - MN Rules 7080.1860 defines wastewater flow as 150 gallons per day - this assumes 2 people per bedroom using 75 gallons of water per day. I recommend that the maximum occupancy per bedroom be limited to two people plus one person per dwelling.
Concerning quiet hours, those are hours in which renters are expected to keep noise down
10. What happens if the vacation rental has a big birthday party or some other event to a minimum so as to not disturb neighbors. with more people coming over during the day but not staying over night? Can people come over during the day and not stay overnight - would they be compliant with the ordinance?
Similar to disturbing the peace in Minnesota Statutes. If there is a complaint, the Ordinance (section 6.1) identifies that the “Land Services

Department shall investigate all

11. What do quiet hours mean in section 5.3 - who do the neighbors call if there is a

complaint that this section of the ordinance is not being followed? I recommend violations…notify the owners of violations and that the ordinance define quiet hours - may also want to consider a requirement direct the property owner to correct violations that the owner of the property with the vacation rental provide neighboring properties the contact information of the responsible party for the vacation rental so they can be contacted with noise related issues. within a reasonable period of time.” So if there is a complaint, the intent of this ordinance is for the complainant to call a 24/7 hotline.
12. Section 6.1 - enforcement - I recommend that the Crow Wing County Sheriff's
Office and County Attorney be added to this section. Land Services staff do not typically work evenings, weekends and holidays - they will need assistance from the Sheriff's Office to investigate complaints. The County Attorney may also be needed to prosecute violators of the ordinance as a misdemeanor. I also recommend that the Sheriff's office help inspect vacation rentals during evenings, weekends and holidays to verify compliance with the ordinance.
13. Section 6.3 - as this is a misdemeanor - I am not sure the County has the legal ability to assign fines without going through a legal proceeding and giving the owner proper legal due process - may want to check with legal counsel on that.
14. Section 7.1 - every ordinance needs an appeals process. Following enabling legislation from MN Statute 394, I believe that the appeals process may need to go through the County Board of Adjustment as this ordinance regulates land use - again may want to check with your legal counsel on this.
Concerning the appeals process, the Ordinance identifies that appeals shall be first made to the Administrative Appeals Panel, which consists of the Land Services Director, County Administrator, and one County Commissioner. Your concern about whether the appeals process may need to go through the County’s Board of Adjustment has been referred to Legal Counsel for review.

Concerning fines and the legal process for that, this has been referred to our Legal Counsel for review.

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Public Comments

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15. My biggest concern with this ordinance is enforcement. With the shear number of VRBO in Crow Wing, I think this ordinance will be impossible to enforce with current staffing levels. Once thing to consider is to go to a three year license instead of yearly - that will be a time saving for staff.
You raised a number of other suggestions and concerns regarding the proposed ordinance. These comments are duly noted and we will consider how best to incorporate any further changes as a result of those comments prior to
16. The other concern is that most issues with VRBO based on my past experience happen in the evenings, weekends and holidays - when Land Services Staff are not working. For this to be enforced consistently and fairly, it would seem to me drafting the final Ordinance language. that you will need staff available during these times to respond to complaints quickly and timely and assistance from the Sheriff's Office.

Thanks for the opportunity to comment on the ordinance. I hope the comments are constructive and helpful.

Chris Pence 20415 Whitetail Drive Brainerd, MN 56401 218-232-3508

[email protected]

11/26/19 Mike
Heinecke

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In regards to “Short-Term Rental License” : My name is Michael Heinecke and I reside at 22614 South Shore Drive in Emily, MN. I want to voice my support for this ordinance. We live next to a property that has been rented on a weekly basis in the past. The owner of this property at the time was only concerned about the "profitability". Which led to several occurrences of loud and
Crow Wing County believes that properly regulated short-term rental licensing will minimize public safety risks and nuisances and enhance environmental protection without obnoxious behavior on the part of the renters. Most were fine with no issues. It is not fair negatively affecting the positive values and to those of us that use our properties as our main residence and respect our neighbors. But these "resort" type situations are not fair in many regards. Especially where these property owners are "absentee owners". There needs to be a way to hold the property owners accountable for their "renters" behavior. I believe this ordnance is a good start. attributes associated with their use. Concerning tax assessments and commercial uses, this proposed Ordinance does not regulate property tax classification(s), impose new / different taxes, nor does it change the current land use (zoning) classification to a different district.
Would also like to see these type of properties zoned and taxed in a manner other than "residential".

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As in the case where it is obvious that it is a "for profit" situation. How are true resorts

zoned and taxed?

Tax assessments are handled as a separate

It is not fair that people like myself have to pay the same percentage in property taxes as issue. Earlier this year, Cook County requested

the person that is treating their property as a business,

guidance from the MN Department of Revenue

Property Tax Division, who oversees and regulates county property tax assessment functions, on how to properly classify shortterm vacation rentals. We have and must follow how they tell us to classify short-term vacation rentals. At present, if the primary use of a property is as a vacation rental, our instructions are to classify that property as commercial.
Thank you for your time and consideration, Michael Heinecke
Concerning resort taxing, we are not sure what is meant by “true” resorts. In Crow Wing County we have a vast and mixed array of overnight lodging accommodations that vary from campgrounds, to resorts with cabins, to resorts with complexes of room and cabins.

11/27/19 Mark
Johnson

To whom it may concern,

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My wife and I purchased a vacation home in Deerwood, MN in early 2018. We love vacationing there with our two young boys. We purchased the property knowing we would depend on the popular VRBO and Airbnb websites to attract bookings. Our ability to enjoy this place continues to depend upon our ability to participate in the sharing economy, and we have had nothing but satisfied guests over the past two years. We
Crow Wing County agrees that short term rental options provide an important economic asset to the Brainerd Lakes Area by allowing property owners to generate additional income, pay down bills and maintenance expenses, and help have also taken care to be involved neighbors and responsive to their concerns as well as support mortgage payments among other those of our lake association. Unfortunately, like all owners of short-term rentals in Crow reasons. They also lead to increased tourism

Wing county, our ability to share our home in peace is being threatened.

and spending in the local economy. For these

reasons, it is important to the County that short-term rentals continue to remain as an attractive option to visitors of Crow Wing County now and in the future. However,
If you have ever booked a cabin through VRBO or Airbnb, you know that a short-term rental is a labor of love. The owner’s individual attention to each guest often starts right away. After requesting to book, you might collaborate with the owner to discuss any

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special needs, or ask questions about the rental agreement to see if the place is the right unchecked short term renting may increase the fit. You have looked through the listing and the reviews, so you have a good idea of what potential for nuisances in residential to expect. You know you are asking to stay at someone else’s home. Each party needs to communities to visitors who are unfamiliar or be comfortable with the details in order for an agreement to be made. If it is, when you stay, you will see the unique personal touches. This is especially true for a family’s lake insensitive to the residential character of neighborhoods, and, may have influences on home. Our family booked a VRBO on Upper South Long Lake last summer. Upon arrival, a how basic property infrastructure (i.e., septic booklet on the kitchen table included a biography of the owners and their family, and systems, parking, etc.) performs depending on described a history of the property. There was definitely the sense that the owners were the scope and frequency of use. In an effort to inviting us into their world, and trusting us to care for it accordingly. I believe our guests have a similar experience. The fact that this sort of arrangement is possible is a testament to the good faith and good will of complete strangers with the willingness to trust and respect each other for mutually benefit. figure out how to embrace the “sharing economy” and strike a proper balance between protecting homeowners’ private property rights and promoting tourism on the one hand, and preserving the residential integrity of
Most short-term rental owners, including ourselves, are not profitable. Some are casually accruing income for basic expenses. Often the cabin has been in the family for generations, and a few bookings a year help to pay for maintenance costs or property taxes. A large number of VRBO owners only started renting their property in the last few years, and do not depend on the income for a mortgage payment like we do. These are the vacation opportunities that are about to disappear, and all will be threatened, because bureaucrats in Crow Wing county are attempting to apply commercial licensing and regulation to individuals trying to share their homes, and it’s not the same thing. neighborhoods on the other, many communities (cities) and townships in the State of Minnesota and across the Country have begun to enact Ordinances regulating their use. The administration and enforcement of these ordinances in many cases have been successful. Crow Wing County believes that proper, sensible regulations enacted through a licensing Ordinance will reduce negative consequences associated with some short term rentals while promoting tourism and protecting
After my wife and I read the proposed ordinance, we became deeply concerned. It seemed the county commissioners were applying commercial requirements to shortterm vacation rentals. More alarmingly, we found the requirements to be seemingly arbitrary, inappropriate, and unnecessary. I wondered how much outcry there has been for such an ordinance and, upon checking with the county, discovered there were only three complaints about VRBOs last year. To me, this indicates it’s time for the public to stand up and take a close look at what’s going on here... homeowners’ private property rights. We believe this proposed Ordinance will do just that.