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Good afternoon. I'm going to call this meeting to order of the vacation home rental advisory board. Seeing a full quorum, we will start with Lauren. And we're going to,

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and we'll start with the pledge of allegiance.

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The

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Here it is. At this time, public comment will be taken on those items that are within the jurisdiction and control of the Vacation Home Rental Advisory Board. Public comment is limited to three minutes per speaker unless additional time is granted by the board chairperson. The Vacation Home Rental Advisory Board uses timing lights to ensure that everyone has an opportunity to speak. You will see a green light when you begin, then a yellow light which indicates

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that you have 30 seconds left and should conclude your comments.

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Once the light turns red, please sit down.

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So right now I'm going to open it up to opening public comment.

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Good afternoon, Ellie Waller for the record.

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The last meeting was very informative and also brings up the necessity for

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a possible bundled amendment process for the ordinance sometime in the future.

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I urge nearby resident neighbors that have requested denials, always, always filed their

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complaints appropriately, not just with TRPA, not with the fire department or the police

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department.

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It helps for review for anybody that's sitting here in the public when it's in the packet

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as well as the board members.

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I did find two interesting things in this packet and just so you might have time.

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And what is land use code 200 versus 320 on designation on the assessor records?

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I'm just curious how that fits into the vacation home rental information.

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I'm also requesting future packets should have the verification of all the property managers

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so we don't have to ask several questions about onsite caretakers that aren't the actual

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property manager. South Lake Tahoe area plan update will replace the plan area statements

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in the future and that will become a really good place to revisit VHRs. I'm suggesting

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at that time when we do that change over to an area plan that some of the vacation home

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rentals might not be in zones. And once they're sold, they just get phased out because they

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don't belong in that zone. TRPA has failed to analyze vehicle miles travel associated

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with VHRs. I'd like that to also come to the South Shore Area Plan update. Capacity of

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the basin has been exceeded my opinion for several years, the exacerbation of all these

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extra cars, so that might be a good point to put in there.

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They've been two recent legal ruling squad Valley and

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Martis Valley West on the North Shore that will now require impacts from outside the

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basin as well be analyzed.

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So we may see some big changes about how capacity is analyzed.

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And for future consideration, to balance the full-time residents versus the vacation home

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rentals, more specifically the Tier 3s, ten people in a home, my opinion, on

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on a regular basis that don't live here is enough.

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A VHR is a chosen investment, not a guaranteed entitlement.

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I've often stated to TRPA in local jurisdictions.

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And now vacation home rentals,

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Lake Tahoe doesn't know anybody of living.

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Thank you.

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Thank you, Ms. Fowler.

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Do I have any other opening public comment?

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Tom?

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Thank you.

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Sorry, I don't have it agendas,

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but I wanted to just introduce our co-denforcement officers

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officers and our team for code enforcement, they're sitting right here, we've got Richard Lawrence and our supervisor for code enforcement and Bonnie Harwood and Rachel was just in here, Rachel Morales.

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So I just wanted to make sure you guys had a face with the name and we're going to excuse them now.

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Thank you.

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Thank you, Mr. Delayer, any other opening public comment?

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My name is Jim McIntyre, and I live at 332, Mary Ann, and my wife and I have been there for approximately 30 years at that same location. We have watched the neighborhood grow and fall. For the most part, the housing developments within that village have not changed drastically one way or the other. What has changed is the amount of noise that's been

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and exhibited in the, I guess you can say the valley area of that village, and it just seems to be increasing as time goes on.

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One of my comments is mostly regarding 342 Marianne, a Mr. Lesser is requesting a chair.

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Excuse me, Mr. McIntyre.

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Are you going to stay for us hearing that agenda item?

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Yes, we are.

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If you're going to stay, it would probably be more effective if you do public comment on that particular agenda item.

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Okay, can I get a, I'd like to give a sort of a total picture of the neighborhood and going on for the vacation rentals up there.

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Being somebody has observed them going on throughout the 30 years.

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one of the things that has happened besides population increase because of the

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rentals is the vehicular traffic in these areas and when you go to King's

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Berry Improvement District and they talk about the various levels of plowing

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main streets, side streets and secondary streets. Some of these rentals are on

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secondary streets and whether it's summer or winter, these streets are smaller.

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We have people that don't abide by the speed limits up there regardless of if it's at the

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top of Kingsbury or at the bottom or Andrea or whatever.

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And they tend to not abide by the 25 mile an hour restriction.

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Where my property is, there's a turn on Marianne and Barrett, a lot of kids with California

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on your plates and come around there when they're looking for their vacation rental and

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they kind of drift the streets.

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As the evening goes on, they've come back from the casinos, the drifts are a little more

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pronunciated.

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They're boom boxes in their car for a lot, not everybody is that way, but there's a vast

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majority in it.

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It seems to happen every weekend that we increase the noise level over the whole area.

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And so I really feel adding more people to this whole development area now that it's it was it always has been single family homes.

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I do remember when I moved there in 92 the county and I believe TRPA were fighting secondary homes within the units.

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So I guess you can say grandfather or grand, grandmother quarters and what have you that they took in

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Successfully removed them, but now we're back to

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Many more people in the area and it's because of the vacation rentals and the

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10-level

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16-level

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properties as well as cars. Thank you

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Thank you mr. Macintyre and you are welcome to speak again when we go to that item number

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Okay, more public comment from the audience?

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Opening public comment.

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Thank you.

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I'm sorry.

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Amy Snelson.

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I am a neighbor of Jim McIntyre, and I'm up here to reinforce what Jim had said.

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In addition, since the rentals have started on our street, we have seen an increase in

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because of trash being left out, outdoor fires and people just parking in the streets this morning

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because they could not shovel there. They didn't have snow plows or the right equipment to clear their driveway

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and so blocking the streets for the rest of us. And I'm very concerned because we moved here about 12 years ago

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into what we thought was a single family dwelling and now live next door to a hotel which has been rented out 14 people.

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And the cars are in double driveways and just very upset over the lack of enforcement of regulations.

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I see these homes being cleaned. We are still in the midst of a COVID pandemic. And I worry about the safety of the people that rent there, but the safety of the people on our street. And I'm here to just register my complaint with you all. Thank you.

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Thank you. And again, when we come to that item number, you can make further comments. Any other opening public comments?

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Afternoon,

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my name is Slila Serrino, and I am also wanting to talk about the vacation

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rentals.

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I live next door to one.

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We have had many issues with cigarettes being thrown off the deck.

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We have issues with the barbecue.

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The owner took the barbecue away because at one point we're walking down the street.

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The people were in the house drinking.

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They have probably 20, 30 hamburgers on there.

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The flames are shooting up into the trees.

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So he took the barbecue away and put it on the vacation rental list if there was no barbecue.

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So now people, they've pulled up with a pickup truck, was it?

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Trigger barbecues because the pickup truck, they're bringing their own and it's a fire danger.

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We also about three weeks ago when we were shoveling our trees out from the snow.

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I looked over and the people were talking to me about the snow.

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And I looked on the deck and I said, is that a smoke or are you guys brought up?

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He said, oh no, and I got to looking and it was like a low pie fireplace and all these

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guys hauled that up to the deck and we're having heat out on the deck so they can party

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outside and that's my next complaint.

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We have these, he put in noise monitors but nobody who's in charge of really seeing what

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those monitors are same because it hasn't slowed down the noise or the party and at all and I've

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called the sheriff numerous times and that's fine the sheriff shows up they do their job they're

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perfect that they're within five ten minutes but the minute they leave one guy was on the deck

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hollering at me a few neighbors I stayed up all night watching my cars I stay up so many nights trying

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trying to watch my property because I'm terrified of these people.

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They are not the people that come that you see on TV for their nice Airbnb ads.

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These are party animals, drugs, prostitutes.

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We even had somebody with bringing young women up.

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And I talked to my neighbor about this and asked him to check the license place number on these cars.

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I'm not afraid to call the police.

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I was afraid to call the police on these people.

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So the following weekend, they were arrested in Reno for soliciting young women.

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So these are the type of people you're allowing to bring into our neighborhoods.

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It is not fair, I've lived in my house since 1976.

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I should not have to set up at night and be terrified.

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Thank you.

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Thank you very much.

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Is there any other opening public comment in the room here?

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If not, do there anybody on Zoom for opening public comment?

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Thank you Madam Chair and Damien for the record.

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We do have two people online that would like to make public comment.

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I'm

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going to tell you that a lot of it has to be.

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Lynn, if you can hear me, please state your name and full and your three minutes will begin.

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Thank you.

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Hi, my name is Lydia Toledo.

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I'm one of the owners over at Pleasant Court Circle.

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And I just wanted to thank everyone for speaking, and I understand the neighbors' concerns, and I want to kind of present from our vacation home rental is also our second home and it's a family home.

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Rental people do have the ability to screen people. That's something that we do. We don't accept people who do not have a good history with Airbnb.

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be so you can screen people to avoid party houses as a family and you know I have kids as well

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and I love Tahoe it's just our second home unfortunately because you know I have to work and

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make money out here but miss Toledo yes are you going to be available for comment when we get to

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your item number yeah absolutely okay then then if you don't mind could we wait because you won't

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on the clock then? No problem, sure. Okay, so when we get to your...

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Item number, we'll come back to you. Thank you. You're welcome. Thank you.

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Todd, if you can hear me, please take your name and full and your three minutes will begin. Yes, hello, this is Todd Lesser. Can you hear me? Yes, we can. Perfect. I am on the agenda, but I'm not going to address that right now. I'm addressing other issues. First of all, I have watched vacation rentals in multiple markets.

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It's Palm Springs.

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I've seen partying go on in Lake Tahoe.

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I mean, in Fort Lauderdale.

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And what I recommend you do is I urge you

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to amend these regulations and actually be even harsher.

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For example, Palm Springs drives around

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with noise monitors.

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And if the vehicle that detects noise off the property,

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they cite the renters.

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And what will happen with that is late Tahoe will get the note, you know, the message gets out there that you will get a ticket if you make noise in a residential area.

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People will start going to other places. A perfect example is that Fort Lauderdale. About 20 years ago, Fort Lauderdale turned into a huge area for spring break.

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They clamped down. They started giving tickets for kids drinking down the street, making noise.

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All of a sudden, what ended up happening is spring-bake moved to Daytona Beach because

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they said Fort Lauderdale won't take that.

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And so, don't necessarily throw the baby out with a bath water.

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I'll give you one other example, Mount Reba or Bear Valley.

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They were about to lose their ski resort because they weren't getting enough tourists.

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I mean, it sounds great to sit there and say, let's not have any tourists, the tourists

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are evil.

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But those tourists bring in tax dollars.

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They provide not everyone's a retiree, they pay for the police, they pay for the electrical,

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they pay for all the improvements to the road, they pay for the employees to work at restaurants.

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I mean, my property alone brings in $16,000 a year during COVID just on the rental tax.

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That pays someone's salary. You know, we need to be cognizant of that. I can tell you that's out

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like Tahoe. When they've banned this in a year, they're going to be coming back because you cut out

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even $16,000 out of a budget. That means you cut out the resources, and I don't think

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people have realistically looked at the impact. The solution to this is not

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get notification rentals. It's just regulated and punish the outliners. And I'll talk about more

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when it's mine, my specific property, and what I've done to be a good vacation rental owner.

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Because I can tell you personally, I would not want a poorly managed vacation rental next to where I live.

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of 24 hours a day and 365 days a year.

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I feel for those people, but at the same time,

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just like anything else, you can regulate it.

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So thank you so much for your time.

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Thank you, Mr. Lesser.

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Is there anyone else on Zoom?

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Thank you, Madam Chair.

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There's no further public comment on Zoom.

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Thank you, then I will close opening public comment

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and we will move to approval of the previous,

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this approval of the proposed agenda for possible action.

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Approval of the proposed agenda, the vacation home rental advisory board reserves the right to take items in a different order to accomplish business in the most efficient manner, to combine two or more agenda items for consideration and to remove items from the agenda or delay discussion relating to items on the agenda.

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Chair, Madam Chair.

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Mr. Delayer.

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Yeah, thank you.

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I'm a little confused with the public comment from Olivia this afternoon.

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I was email corresponding back and forth with her, and I thought I was going to ask or request that her item be pulled from the agenda.

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Number two, can I confirm with her that she does actually want this heard today?

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I was under the impression we were going to I was going to ask to pull it from the agenda before you guys voted on this item.

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Yes, that's correct.

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We did agree to drop down to a tier two and be pulled from this.

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I just wanted to be part of it because I do respect the people who live there 365 days a year,

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but I also want them to know that we purchased the home as a beat-up abuse Airbnb rental.

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and we know firsthand what it can do to the neighborhood and people and that's not our intent.

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As an Airbnb rental, it's for families to enjoy the way we do when we come up with kids

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and we don't necessarily want to stay in the craziness of the hotels with the smoking, you know, the pollution.

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I mean, we have young kids, but we want them to also enjoy how magical the experiences in Tahoe, and you can screen for Airbnb to get good renters. And we have invested so much money into that house and we did everything that we don't want renters to ruin it as well. So I just wanted to kind of partake and listen to what everyone is saying and thank you for the emails that I apologize for taking anyone's time. You're welcome to stay and listen to the entire proceedings, but if I

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I understand Mr. DeLare correctly, we are to pull item number two from the agenda.

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Any discussion?

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Keith?

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I want to make sure I understood the way I understood it, we are pulling item two and she will revert to a tier two permit.

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It's not going to stick to the 880 days for a tier three permit.

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She will cease to rent as a tier three permit and go to a tier two permit effective immediately.

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Yeah, that's correct. She's got two reservations to date and into the future. One of them is eight. The other one is 10. So she was fine with with the tier two and she'll apply reapply for tier three next renewal period.

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Okay. So it'll be a full year as a tier two. Is that correct? Yeah. She applied in November, permit expires in November and so this coming November she will.

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So it will reapply as a tier three.

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And we'll hear that at that time then.

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Copy, yeah, that's right.

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So everybody, okay, okay.

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I move, we approve the agenda with the exclusion of item two.

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Second.

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00:26:49,080 --> 00:26:54,780
Okay, I have a motion and a second to approve the agenda, excluding item number two.

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Any further discussion?

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Seeing none, all those in favor?

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Signify by saying aye.

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I pose none 5 0.

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The next item is approval of the previous minutes for possible action, discussion to approve draft

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minutes of January 26, 2022, meeting of the vacationğlmental advisory board.

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Any discussion, I had one item that looked off to me, but I might have read it off.

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And it was the long and exciting discussion over a tier three where we had an amendment.

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And it was item two on the draft minutes and it said amendment to give one week to put

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a bed in a room and that it was denied, it was denied 3 to 2, but it looked like it

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said approved 3 to 2. It was just the verbiage was confusing to me. But if it's written

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correctly, then I'm incorrect.

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I'm sorry, Tom Delayer for the record,

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community development director,

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a simpler this.

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00:28:22,640 --> 00:28:25,440
It's item number two is where you're.

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That you're having that.

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So I see it in the minutes on page 11 of 24.

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It's supplemental.

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00:28:39,400 --> 00:28:40,720
Page 11 of the minutes.

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Oh, I understand our internet connection is dropped.

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Can we can we go to a short recess?

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Okay,

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we'll take five minutes or until work. Okay, five minutes.

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Please. Let me, I got to get logged in on the system. Everybody's present. We were discussed. Oh, Mr. Delayer,

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that time to live for the record. We get it. I still got to get the system logged in into the meeting so we can control it from, from here just

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recording in progress.

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Recording in progress.

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00:35:32,280 --> 00:35:32,980
You

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This is an audio test to see if the audio is coming through on Zoom.

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Let's go back to the minutes that we were looking at. Any more discussion other than the one item I brought up on the.

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If not, can I get a motion to approve with that one exception? So moved.

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Second. Okay, I have a motion by Lauren Romaine, a second, I've had a graph. Any further discussion? Then all those in favor of approving the previous minutes with that one exception that was on page 11 in the supplemental. Say aye. I denied none. Thank you. Five is

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We'll be on to the administrative agenda.

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The chairperson will read the agenda title into the public record and will have the

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discretion to determine how the item will be presented.

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The timing of agenda items is approximate unless otherwise indicated for a specific item.

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Agenda items may be considered ahead of or after the schedule indicated by this agenda.

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Public comment will be taken on items that are identified for possible action.

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Okay, item number one for possible action discussion on an application to obtain a tier three vacation home rental special use permit.

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The subject application is for a nine bedroom home, 18 person occupancy located at 550 Sierra Sunset Lane, Zephyr Cove, Nevada.

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The owner is Patrick Willis, who currently has a Douglas County issued VHR permit.

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Account number 0, 8, 4, 0, 1, 8, 3, 7, APN, 1, 3, 1, 8, 1, 5, 1, 0, 1, 0, 0, 9.

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Mr. Delayer.

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Thank you, Tom Delayer, for the record.

272
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Thank you for reading that in.

273
00:46:49,400 --> 00:46:54,680
We do have some additional information in addition to what's on our one sheet.

274
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I'm just curious if that's working for you guys as well.

275
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There's a little bit more information.

276
00:46:59,360 --> 00:47:05,540
I think we're going to add in the next round, but we'll listen to the discussion today and see where that goes.

277
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But this is, let's see, the VHR has an existing VHR. They're doing a renewal on this application.

278
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It was back in November when we accepted it. There haven't been any complaints, not in our citizen

279
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and serve logged, there have been no complaints logged in our citizen

280
00:47:28,520 --> 00:47:33,240
serve on this one, and we checked with Douglas County Sheriff's Office and

281
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no complaints within the last 12 months. We also have the insurance, I know this

282
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was a question earlier from Keith, I think, but the insurance has the VHR, has

283
00:47:45,960 --> 00:47:52,120
the VHR language is required. We did not share that certificate with you this

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time because of of other complaints from owners and handing out private information it was just

285
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easier not to and I'm hoping that this will work if we need to tweak our one sheet because of

286
00:48:02,220 --> 00:48:06,700
that that's no problem let me know what else you need to to see or what we can include in that

287
00:48:07,300 --> 00:48:14,200
and then there have next to no other issues have been identified but we did condition this one for

288
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the noise monitor locations if you look in the application he's got a more noise device in the house

289
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like five of them I think is what he purchased and and it's not a monitoring system and with the tier three

290
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We need to work with the applicant and get that

291
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Get those installed so

292
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And we do have public comment. I think an email from the adjacent property owner. I just want to make sure you saw that

293
00:48:38,240 --> 00:48:39,900
that that recommended

294
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Approval on this and he is the individual that lives 80 feet. I think from the from the unit

295
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And if you do see on here that the property size was 24 acres roughly, I believe.

296
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And so it's a large piece

297
00:49:01,400 --> 00:49:08,020
of property, and so I can turn it over to the applicant.

298
00:49:08,340 --> 00:49:15,380
We do have some people representing Patrick here in the audience, unless you have other questions

299
00:49:15,380 --> 00:49:15,820
for me.

300
00:49:16,560 --> 00:49:18,000
Thank you, Mr. DeVellare.

301
00:49:18,000 --> 00:49:25,140
Does anyone have any questions specifically for Mr. Delayer or specifically for the Fire

302
00:49:25,140 --> 00:49:28,060
Marshall on the report that they gave?

303
00:49:28,840 --> 00:49:32,060
I will say this, I did see the property.

304
00:49:32,280 --> 00:49:37,180
I don't think anyone else did because it is behind Gates off of the highway.

305
00:49:38,640 --> 00:49:43,680
Tina was kind enough to let me in and give me a tour of the entire property.

306
00:49:43,680 --> 00:49:55,060
And it was, I told her at the time the noise monitor was probably an issue, but if anyone

307
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Has any questions for staff? Otherwise, I'll have Tina.

308
00:50:03,020 --> 00:50:29,980
So, Mr. Lawyer, and, by the way, I thank you for your effort to reduce the package size and put in the sayings. And I will send you something because, you know, you're making statements like the, you know, the exam certifications are on file. I'd like to know who, specifically, they're from on insurance. Again, there's insurance. Is it a million dollars? Is it, you know, is it registered as a VHR? So I'll be sending you something.

309
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like that, some statements I think, you know, because I do agree people have the right to privacy.

310
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I would not want my insurance policy floated out in a public meeting and I can understand that.

311
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So I do support that and I think it makes our reviews easier. But when there are some specific

312
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questions, I think more than, you know, it's on file, a little bit more information. There's got

313
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a little bit more medium on the noise monitors. The noise, those are not noise monitors. Those are

314
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at least, you know, on page 49 and 51.

315
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So they do not have noise monitors.

316
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And I guess I'm a little concerned

317
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that they started this process in November.

318
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Do they have noise?

319
00:51:08,180 --> 00:51:10,920
Did you inform them that these are not noise monitors?

320
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These are noise meters, and I don't care

321
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how many they have in their house.

322
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They're battery operated, they're gonna go out.

323
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They're gonna, you know, you'd have to be right there

324
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looking at the noise meter to know what the noise is.

325
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That's a, it's, I'm not sure how they got confused,

326
00:51:25,380 --> 00:51:33,660
But we're all working through this together, but have they bought noise monitors and where are we in the noise monitor process?

327
00:51:35,220 --> 00:51:42,520
Well, we can we can ask the applicant that I don't believe that I've worked with them yet and I'm not sure that any of our staff have reached out to them.

328
00:51:42,520 --> 00:51:46,140
This this again we had an application back in October.

329
00:51:46,280 --> 00:51:49,140
These ones are around November when they were approved.

330
00:51:49,140 --> 00:51:55,860
We had certain staff here that approved it and that is no longer here, and we didn't get this.

331
00:51:56,160 --> 00:52:01,620
I didn't, I didn't become aware of this until I started reviewing the packet and we'll deal with it.

332
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That's why we made it a condition.

333
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So we still have some time.

334
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We'll get them, get them right noise monitors out there.

335
00:52:09,700 --> 00:52:15,280
I'm not sure on the property, you know, there's just two sides of the house that they can put them on.

336
00:52:15,280 --> 00:52:33,780
So my last question on page seven, it says that the acknowledgement of the 50 per during the day is included, but I didn't see it in the package, but I'm assuming since you said that there is a, there is a statement on file that there will limit the people during the day to 50.

337
00:52:33,780 --> 00:52:39,100
I found so that statement is on page seven that says it's included, but I couldn't find it in the package.

338
00:52:39,860 --> 00:52:46,160
I gotcha. That was something that we removed as well. We did receive all the paperwork. We needed as far as signatures and half of David's go.

339
00:52:46,580 --> 00:52:55,940
And again, just to work through this, I agree with not even seeing these things on the list, but I think we ought to say standard form received, or if it wasn't standard, then we probably want to see it.

340
00:52:56,140 --> 00:52:59,100
Okay. All right. That's all the questions I had for Mr. Dler.

341
00:53:00,400 --> 00:53:01,800
Thank you, Mr. Buyer.

342
00:53:03,080 --> 00:53:08,880
At this time, if it's okay with the board, I'd like to call up the property managers or

343
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jurors.

344
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I met one, not both, but, and then they can answer some of the questions about the property if

345
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you have any.

346
00:53:21,070 --> 00:53:21,510
Hello.

347
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My name is Tina, and I represent Patrick Willis.

348
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He is the homeowner for CRCNC.

349
00:53:31,120 --> 00:53:35,580
I'm Jennifer Citter and I'm the Business Development Manager for Tahulakshui Properties

350
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for the past 16 years.

351
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She's the caretaker specifically for the home.

352
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Tina, do you have something you want to report to everybody or do you want to just ask

353
00:53:48,490 --> 00:53:48,930
you questions?

354
00:53:49,550 --> 00:53:52,490
Yeah, I would like to respond to the noise monitoring device.

355
00:53:53,330 --> 00:53:59,910
So when we originally applied for the renewal permit back late last year, we weren't told

356
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specifically exactly what we needed to have. And so that's what we purchased. It sounds

357
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like it's not going to pass as far as I can tell, so we can go ahead and get the noise

358
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monitoring devices installed, and that's no issue at all.

359
00:54:15,800 --> 00:54:18,440
Thank you. Questions, Michael?

360
00:54:21,670 --> 00:54:23,530
There we go. Good afternoon.

361
00:54:24,050 --> 00:54:24,370
Good afternoon.

362
00:54:24,610 --> 00:54:30,890
So first question I have is one of the two of you, a licensed real estate agent or brokerage?

363
00:54:31,090 --> 00:54:31,410
I am.

364
00:54:31,410 --> 00:54:53,270
Okay. Okay. Representing. Okay. The question I had is that you're applying for a 9-bedroom 18 person rental. Correct. Correct. Is all 9 bedrooms in the 1 main house or are you combining 7 from the main house and 2 from the guest house? That's a question I have.

365
00:54:54,450 --> 00:54:57,550
Yes, there is a main house and a guest house, seven and two.

366
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In other words, 14 or seven bedrooms would be in the main house and two or four people would be in the guest house.

367
00:55:08,440 --> 00:55:29,280
Correct. Okay. So now my question is to Mr. Delair. In our ordinance, we have the short term means one dwelling unit or portion of that dwelling unit, including either a single family attached unit rented for the purpose of overnight.

368
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So my question to you is they have two units with one permit, with one parcel, so I know there's a huge property and it fits pretty much every other characteristic you would want in it, but if you drill down to what the ordinance says does it fit?

369
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The guest house is detached.

370
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It is separate from the home and it's on the same circular driveway with a gated facility.

371
00:56:08,700 --> 00:56:15,920
I didn't feel like it meant that it was two separate units being rented.

372
00:56:16,040 --> 00:56:22,180
I don't believe that they try to rent out the one side of guest house while staying in the home.

373
00:56:22,180 --> 00:56:35,480
But we haven't seen any evidence of that, and if you're, you know, are wanting to make that determination, then today we can cut that guest house out, I mean, and just have the one permit.

374
00:56:36,640 --> 00:56:38,540
May I make a statement, excuse me.

375
00:56:39,100 --> 00:56:50,700
So a lot of times we have homes on our program, and we've been in the business for 27 years, before Airbnb, before VRBO, and we personally as a luxury rental company do not want more people.

376
00:56:50,700 --> 00:56:56,960
So the house actually, as the floor plan indicates, is eight bedrooms and two bedrooms.

377
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But we don't want 20 people.

378
00:56:59,840 --> 00:57:04,540
We want to limit it for our own headache and our own screening and monitoring to seven

379
00:57:04,540 --> 00:57:04,980
and two.

380
00:57:05,160 --> 00:57:07,120
And that's really kind of the best way we want to do it.

381
00:57:08,480 --> 00:57:13,100
But if it were determined that the guest house doesn't fall within the statute, then what

382
00:57:13,100 --> 00:57:18,800
we would ask for is that the full eight bedrooms be allowed to be used in the main house.

383
00:57:18,800 --> 00:57:20,520
and we could do it with the guest room.

384
00:57:24,640 --> 00:57:25,280
Thank you.

385
00:57:25,380 --> 00:57:31,320
One thing I did ask Tina that day was do they rent them separately and you know the

386
00:57:31,320 --> 00:57:32,000
answer was no.

387
00:57:32,280 --> 00:57:34,420
They were always rented as one unit.

388
00:57:35,000 --> 00:57:35,220
Lauren.

389
00:57:36,040 --> 00:57:42,740
And I think that is if I can remember when we were talking about these issues task force

390
00:57:42,740 --> 00:57:47,180
days back in the task force days, we didn't want to exceed the zoning and if you look at

391
00:57:47,180 --> 00:58:08,220
the assessor's page. The assessor's page says two dwelling units. The only is so two dwelling units are allowed on the property, therefore that wouldn't exceed the zoning. But the question comes in is that it is known that you have one permit that one permit includes both buildings. You cannot rent those separately.

392
00:58:09,420 --> 00:58:30,480
I mean, as long as I think, although I'm still wrapping my head around it, I think that it doesn't exceed the zoning and then just the fact that you don't rent them separately because you have one permit that one permit covers both buildings, it all has to be rented at the same time, or you don't rent the guest house, but no one else is there.

393
00:58:31,400 --> 00:58:40,400
I think we need to look at the ordinance a little bit more to make to clarify better what we're looking to do.

394
00:58:40,920 --> 00:58:49,680
Yeah, I just don't want to open up a Pandora's box where there's maybe several parcels out there with two dwellings.

395
00:58:49,780 --> 00:58:58,480
I'm not just talking about yours and then all of a sudden we have one permit with two or three or however many dwellings

396
00:58:58,480 --> 00:59:07,340
Wellings could be even legitimate wellings, but I believe I was, the way the ordinance

397
00:59:07,340 --> 00:59:14,440
was written was for one unit, so that's all I'm saying.

398
00:59:17,210 --> 00:59:18,310
Any other questions?

399
00:59:19,270 --> 00:59:24,150
I guess it's a question to you too, that you were on the original task force.

400
00:59:25,550 --> 00:59:37,020
was the purpose about walls or was it about multiple rentals? I mean, I want to

401
00:59:37,020 --> 00:59:42,180
comply with the what's on paper. I think we need to do that. That is the

402
00:59:42,180 --> 00:59:46,760
regulation. But I also want to be able to use the spirit of the regulation as

403
00:59:46,760 --> 00:59:54,340
well. And just to be, you know, blunt, I don't I don't see a problem as long as

404
00:59:54,340 --> 00:59:59,960
are ridding it to one entity, and there's only one permit, but I also don't want to...

405
01:00:00,000 --> 01:00:22,300
Now, go against the regulation. So, my question would be for you, what was behind the regulation that you were trying to prevent when you were on the committee? You had long conversations about this. So, what were you trying, what was in your mind? What were you trying to prevent when that concept of only one dwelling was discussed?

406
01:00:24,520 --> 01:00:31,100
I think in my opinion, it would have been the fact that they would be rented separately

407
01:00:31,100 --> 01:00:35,560
partly to separate people and it would cause more cars and trash and that kind of thing.

408
01:00:36,240 --> 01:00:41,000
Jennifer might, well, she's not here, so she won't speak to it.

409
01:00:42,600 --> 01:00:52,680
But a lot of the things the task force discussed and decided upon were modified by the technical

410
01:00:52,680 --> 01:00:55,380
team that looked at it as well as staff.

411
01:00:55,380 --> 01:01:04,540
So unless Lauren can come up with something I can't recall because this was 2019 or there

412
01:01:04,540 --> 01:01:13,540
about, I believe it had to do with having two units that rent separately, needing separate

413
01:01:13,540 --> 01:01:14,000
permits.

414
01:01:14,660 --> 01:01:19,460
I am familiar with it because I actually have a similar situation next door to me where

415
01:01:19,460 --> 01:01:24,800
they have one lot with two dwelling units but they have two permits because they rent

416
01:01:24,800 --> 01:01:33,280
separately. So that doesn't answer your question really, Lauren. And I would say that from my

417
01:01:33,280 --> 01:01:39,920
perspective the issue that I was trying to address in that are people that have one building

418
01:01:39,920 --> 01:01:45,860
and then create another living space, maybe not a complete apartment, but a living space,

419
01:01:45,860 --> 01:01:51,160
and then they rent those two out with one permit. So there's been some shenanigans that go

420
01:01:51,160 --> 01:02:01,340
So I don't feel in this situation that it's really that, but I do think we do need some better clarity in the ordinance, you know.

421
01:02:01,540 --> 01:02:11,300
And I guess maybe we need to be clear in the acceptance of a tier three saying that these two buildings cannot be rented separately.

422
01:02:12,100 --> 01:02:17,720
And the other issue with that is, I'll say this, I say rented separately, but the problem

423
01:02:17,720 --> 01:02:23,560
is occupied because it says to dwelling, so I would think they both have nine-on-one

424
01:02:23,560 --> 01:02:23,920
addresses.

425
01:02:24,560 --> 01:02:25,660
Is that correct?

426
01:02:25,820 --> 01:02:28,220
Because it does say to dwellings or is it just one address?

427
01:02:28,760 --> 01:02:29,740
It's just one address.

428
01:02:30,140 --> 01:02:30,280
Yeah.

429
01:02:32,020 --> 01:02:36,720
The issue also that we came in was, you know, that you, okay, so what happens?

430
01:02:36,780 --> 01:02:40,520
You have a building, you have someone who builds another, like, mother-in-law unit.

431
01:02:40,520 --> 01:02:44,080
They live down below, but then they rent up above.

432
01:02:44,260 --> 01:02:45,800
Well, that's what we are trying to stop.

433
01:02:45,960 --> 01:02:51,320
You have a building, the building is one building, the code says, your assessor says you have one building.

434
01:02:51,460 --> 01:02:53,360
Therefore, you can rent that one building.

435
01:02:53,500 --> 01:02:59,980
You cannot inhabit another section of that building, not rent it, not live in it, not whatever.

436
01:03:00,200 --> 01:03:03,820
It has the VHR, permit has to cover that whole area.

437
01:03:04,440 --> 01:03:10,000
I'm seeing that here, but maybe we need to write, as a condition of this, that they should be rented

438
01:03:10,000 --> 01:03:14,640
together or not, or the guest house not inhabited at all,

439
01:03:15,340 --> 01:03:17,380
when it whilst being rented, if that makes sense.

440
01:03:18,260 --> 01:03:18,780
Thank you, Lauren.

441
01:03:19,580 --> 01:03:23,340
And I did look at the advertisements and they don't advertise at all,

442
01:03:23,340 --> 01:03:25,580
that there's two separate units that could be rented.

443
01:03:27,740 --> 01:03:31,100
But does there any comments that you want to make to that?

444
01:03:32,580 --> 01:03:33,100
Sam?

445
01:03:33,640 --> 01:03:37,380
Yes, Sam Taylor from the Douglas County DA's for the record.

446
01:03:37,380 --> 01:04:01,320
I just like to point out that the concept that you just described relative to just having one permit cover both units and they can only be rented once under that single permit, but you can have the number of occupants be set by the number of bedrooms between the two structures is consistent with the board's determination that you can only have one permit per family.

447
01:04:01,320 --> 01:04:14,220
And so in other words, if you tried to rent out the second structure separately from the other one on different timelines, different dates to different persons that you would then run a foul of the one permit per person.

448
01:04:14,480 --> 01:04:20,160
So it does what you were talking about does dovetail nicely with the intention of the board, I believe.

449
01:04:20,480 --> 01:04:26,400
And also I believe this is one of the sections that was not modified by the board from the VHR Task Force.

450
01:04:27,300 --> 01:04:33,160
Thus, I think what you're speaking about in your intentions were encapsulated in the final language.

451
01:04:35,580 --> 01:04:36,840
Thank you, Mr. Taylor.

452
01:04:37,940 --> 01:04:40,440
Any other questions, comments?

453
01:04:41,580 --> 01:04:41,760
Key?

454
01:04:42,080 --> 01:04:43,080
Unfortunately, this is for you.

455
01:04:43,720 --> 01:04:49,180
So I start with a rebuttable presumption, about 100 feet being too close.

456
01:04:49,820 --> 01:04:52,780
This one is 80 feet from its closest neighbor.

457
01:04:53,700 --> 01:04:56,760
So I start with a no but I look for things to the contrary.

458
01:04:56,760 --> 01:04:59,960
In this situation, we have a letter from that resident.

459
01:05:00,000 --> 01:05:29,500
Which I believe the closest is Ray Sidney. He said there's never been a noise complaint. I was also looking at the way the House was positioned, particularly the outdoor entertainment areas. And so the House isn't facing Mr. Sidney. It's almost with its back to Mr. Sidney. The outdoor entertainment areas aren't very close to Mr. Sidney. They're halfway or even three quarters the way down. But I was also looking at the trees.

460
01:05:29,500 --> 01:05:32,520
It looked like, to me, I wouldn't be able to go.

461
01:05:32,600 --> 01:05:35,320
I was looking at the satellite view, but it looked like there was a line of trees

462
01:05:35,320 --> 01:05:36,200
in between the houses.

463
01:05:36,420 --> 01:05:44,680
So, when you, a tour, did you go to that area, did you see, was there some kind of separation

464
01:05:44,680 --> 01:05:50,820
of these properties, you know, with my, again, I think I have a better perception.

465
01:05:50,840 --> 01:05:52,300
I think I've rebutted it, right?

466
01:05:52,340 --> 01:05:54,840
I don't think this one's a problem, but it is 80.

467
01:05:55,040 --> 01:05:57,360
So, I have to get there with evidence of the contrary.

468
01:05:57,360 --> 01:06:03,300
When you reviewed, did you see that my view of the photographs made sense?

469
01:06:03,980 --> 01:06:10,280
I drove. There's the circle driveway and then you go around and you where the garages are.

470
01:06:10,820 --> 01:06:14,900
That is the area that faces Mr. Sidney's.

471
01:06:15,000 --> 01:06:15,060
Okay.

472
01:06:15,140 --> 01:06:16,680
Mr. Sidney's a full-time resident.

473
01:06:18,840 --> 01:06:26,220
And then on the outdoor area, I was told by Tina that where the pier ends,

474
01:06:26,220 --> 01:06:33,640
there's continued beachfront that belongs to the property, but guests are not allowed to go any further.

475
01:06:33,660 --> 01:06:40,060
There's some signage that says they can't go any further than the pier so that Mr. Sidney's privacy isn't

476
01:06:40,060 --> 01:06:41,040
encumbered at all.

477
01:06:41,840 --> 01:06:51,180
So, and then there's a tree line and I mean it really is, it's well done to protect Mr. Sidney from any kind of disruptions.

478
01:06:51,180 --> 01:06:51,920
Thank you.

479
01:06:53,440 --> 01:06:55,980
Any other questions, Lauren?

480
01:06:56,540 --> 01:06:57,700
I just have one from Mr. Delayer.

481
01:06:57,820 --> 01:07:03,440
I guess maybe, would you find clarity from us on where these noise monitors have seen

482
01:07:03,440 --> 01:07:06,700
a couple of pictures of different ones, not yours, but where they're inside.

483
01:07:07,260 --> 01:07:11,700
To me, I don't know if you need clarity from us more, I'm looking for them to be outside.

484
01:07:11,980 --> 01:07:17,520
In the case of this one, it would be outside on the wall, closer to the closest neighbor

485
01:07:17,520 --> 01:07:22,100
because of the possible problems there, because that's what we're trying to do is to stop.

486
01:07:22,440 --> 01:07:24,400
We don't care if you have fund there.

487
01:07:24,600 --> 01:07:28,140
We just want to make sure the fund doesn't spill over and in fringe on someone else.

488
01:07:28,420 --> 01:07:33,120
So to me, and I don't know that the front of the place had any neighbors around.

489
01:07:33,280 --> 01:07:37,640
So it's really in the back outside towards Mr. Sidney is where I would expect that

490
01:07:38,980 --> 01:07:41,300
at least one monitor to go.

491
01:07:42,440 --> 01:07:43,180
Thank you, Lauren.

492
01:07:43,180 --> 01:07:51,400
And I actually told Tina that that would probably be what we would want something closest to that corner of the yard of the outside entertainment area.

493
01:07:51,760 --> 01:07:59,820
And as far as where they want it in the house, you know, there's a lot of entertaining areas in the house.

494
01:07:59,820 --> 01:08:08,640
It's quite large and there's, you know, game rooms and living rooms and kitchen and it's kitchen just large.

495
01:08:08,640 --> 01:08:12,940
And so I don't know if that's up to us to dictate or not.

496
01:08:13,220 --> 01:08:17,960
I believe staff should dictate where any mounted noise monitors should go,

497
01:08:18,140 --> 01:08:19,960
but I agree with you as far as the exterior.

498
01:08:21,120 --> 01:08:22,080
Any other comments?

499
01:08:25,450 --> 01:08:31,090
Does someone want to, well, I guess I should take some public comment, huh?

500
01:08:32,550 --> 01:08:34,250
Do I have any public comment from,

501
01:08:37,820 --> 01:08:39,140
okay, let's take a race.

502
01:08:39,140 --> 01:08:39,240
Yes.

503
01:08:42,390 --> 01:08:42,550
Okay.

504
01:08:45,320 --> 01:08:46,280
Thank you, Tina.

505
01:08:46,760 --> 01:08:47,760
And for that meeting.

506
01:09:04,460 --> 01:09:08,020
Dan Ainsworth, as you know, I was on the task force too.

507
01:09:08,580 --> 01:09:13,340
So I want to provide some comments with respect to what you've already discussed here.

508
01:09:15,000 --> 01:09:18,980
And one of the topics, the distance thing, Keith, that you were talking about, the 100 feet

509
01:09:18,980 --> 01:09:19,400
and stuff.

510
01:09:19,800 --> 01:09:26,240
I want to talk about that later in the last agenda item when we talk about possible changes

511
01:09:26,900 --> 01:09:27,600
to the ordinance.

512
01:09:27,600 --> 01:09:33,680
But I'd like to address what Lauren said, what she described there, what the Task Force

513
01:09:33,680 --> 01:09:40,800
talked about with respect to an owner with one permit, developing a living space inside,

514
01:09:41,340 --> 01:09:47,920
and we specifically discussed that ad nauseam, and then finally decided, I guess, on the

515
01:09:47,920 --> 01:09:57,340
one building one permit concept, which I think was the one building thing was put in after

516
01:09:57,340 --> 01:09:59,980
to the task force submitted their pass.

517
01:10:00,000 --> 01:10:29,680
Package and Patrick submitted his package to the county commission. My recollection is that we never talked about the situation at hand here, which I think is a perfect example of something that ought to be allowed that didn't get discussed in detail. Mickey, you can correct me. Miss chairwoman. If I'm wrong here, but I don't remember any discussion on that. We never really thought about that.

518
01:10:29,680 --> 01:10:35,760
We just talked about one permit for a parcel, so to speak.

519
01:10:36,160 --> 01:10:40,500
This is a perfect example of something that should be allowed, in my opinion, assuming

520
01:10:40,500 --> 01:10:43,520
they comply with all the other rules and regulations.

521
01:10:44,080 --> 01:10:49,840
So that's got to be one of the things that we talk about, or you guys, the board discusses

522
01:10:49,840 --> 01:10:51,180
for ordinance changes.

523
01:10:51,380 --> 01:10:53,600
I'm fully in support of them.

524
01:10:53,600 --> 01:11:01,660
And it's interesting that Ray Sidney, who lives next door to him, is okay with it.

525
01:11:02,200 --> 01:11:03,860
Do you guys know who Ray Sidney is?

526
01:11:04,220 --> 01:11:05,700
Big George, right?

527
01:11:06,360 --> 01:11:09,420
Who does a ton of stuff for the community?

528
01:11:10,200 --> 01:11:15,200
And as far as I'm concerned, if Ray Sidney says it's okay, it ought to be okay.

529
01:11:15,600 --> 01:11:17,860
Great neighbor, thanks a lot.

530
01:11:20,120 --> 01:11:21,360
Thank you, Mr. Ainsworth.

531
01:11:33,200 --> 01:11:34,700
Good afternoon, Ellie Waller.

532
01:11:34,700 --> 01:11:41,000
I'm going down a little different path, notwithstanding the 20 acres, notwithstanding talking

533
01:11:41,000 --> 01:11:42,820
about the two structures.

534
01:11:43,620 --> 01:11:51,200
I look at the map, the location and the number of Tier 2 and Tier 3 within a neighborhood

535
01:11:51,200 --> 01:11:58,500
not just for first responders but as well as the neighbors, notwithstanding any issues with

536
01:11:58,500 --> 01:12:00,440
Mr. Sidney, the closest neighbor.

537
01:12:00,440 --> 01:12:09,620
So, in looking at the general vicinity map, there are 30, let's see, here are 20 tier

538
01:12:09,620 --> 01:12:11,320
two homes in the general vicinity.

539
01:12:11,780 --> 01:12:22,000
There's another 32 tier homes in the 126 identified and another 20 tier three.

540
01:12:22,240 --> 01:12:25,680
That's a lot of people in a subdivision.

541
01:12:25,680 --> 01:12:31,200
not mostly summertime, I worry about response and number of cars.

542
01:12:33,740 --> 01:12:35,340
Again, they're in driveways

543
01:12:35,340 --> 01:12:40,140
or supposed to be, but it's the number of people meandering around. Just something

544
01:12:40,140 --> 01:12:45,140
to take in consideration when we're reviewing these neighborhoods, the size of them, the

545
01:12:45,140 --> 01:12:52,240
number of 2, 2, and 3s that already exist. My next thing, and I asked in public comment,

546
01:12:52,240 --> 01:12:54,760
I'm just curious what assessor code 320 is.

547
01:12:54,840 --> 01:12:57,460
Every other one we've looked at is assessor code 200.

548
01:12:57,620 --> 01:12:59,760
I don't know if that's a distinguishing factor.

549
01:13:00,000 --> 01:13:02,300
It's probably isn't going to change my mind here today.

550
01:13:02,820 --> 01:13:05,560
Just want to know as we're looking at records.

551
01:13:06,440 --> 01:13:10,360
Then depending on what package portion you looked at,

552
01:13:10,520 --> 01:13:14,280
if it was the attachment or the actual packet,

553
01:13:14,660 --> 01:13:18,540
the way the bedrooms were shown, there's actually 15 beds.

554
01:13:18,800 --> 01:13:19,520
I'm not complaining.

555
01:13:19,740 --> 01:13:21,340
I don't care where anybody sleeps.

556
01:13:21,340 --> 01:13:29,500
But I think we need to know which bedrooms have been identified as the 7-2 or if we're

557
01:13:29,500 --> 01:13:33,460
going to go down the route, I guess if it's just 8-1, they don't need to be identified

558
01:13:33,460 --> 01:13:34,140
separately.

559
01:13:34,640 --> 01:13:41,340
But it would just be nice to know, and again, I'm always in the weeds just to make sure

560
01:13:41,340 --> 01:13:48,160
that we don't have any exceedance of the numbers of people and maybe those bedrooms that aren't

561
01:13:48,160 --> 01:13:51,100
being used need to have a door closed and sign on them.

562
01:13:52,120 --> 01:13:57,020
Again, I'm that kind of person just to make sure that there isn't any issues.

563
01:13:57,660 --> 01:14:03,260
I did take very seriously what Board Member Sloan said.

564
01:14:03,800 --> 01:14:11,980
I agree with the maybe we go with the eight until the renewal in November, which gives

565
01:14:11,980 --> 01:14:17,860
them 16 people so we can tidy up the language so there isn't any issues in the future.

566
01:14:17,860 --> 01:14:22,680
on the language, and then on the map, it's just a nitpicky.

567
01:14:22,900 --> 01:14:35,360
It might be that it was just a typo, there's 14 parking spaces identified, but 13 approved on the page that Tom provides with all the assessment.

568
01:14:35,680 --> 01:14:36,020
Thank you.

569
01:14:39,120 --> 01:14:40,340
Thank you, Ms. Waller.

570
01:14:41,180 --> 01:14:46,700
Any other comments from the Chambers, if not, is there anybody on Zoom?

571
01:14:47,280 --> 01:14:51,280
Thank you Madam Chair and Damien for the record. I do have one color.

572
01:14:53,950 --> 01:14:57,870
Then if you can hear me please state your name in full and your three minutes will begin.

573
01:14:58,610 --> 01:14:59,870
Hello, this is Ben Harmon.

574
01:15:23,950 --> 01:15:30,410
Thank you, Mr. Harmon. Any other comments on Zoom? Thank you, Madam Chair. There's no other comments.

575
01:15:30,410 --> 01:15:34,090
Okay, I'm going to close public comment, bring it back to the board.

576
01:15:36,070 --> 01:15:46,240
I do want to say that this property is just really unique and that's what makes it kind

577
01:15:46,240 --> 01:15:50,420
of like the perfect tier 3 in response to Ms. Waller.

578
01:15:51,320 --> 01:15:58,080
There are, it's sort of an island because all of the other tiers that you're talking about

579
01:15:58,080 --> 01:16:12,160
or Pine Wild or Marla Bay or that area, because to the other direction to the south there really aren't many homes, so it makes it either very difficult or really easy to make these decisions.

580
01:16:12,940 --> 01:16:20,160
Taking it back to the board, does anyone have any comments or want to make a motion of some sort? Michael?

581
01:16:20,300 --> 01:16:24,840
I just have a comment. Again, I just have a hard time.

582
01:16:24,840 --> 01:16:28,240
I know what the intent is, but that's not what it says in the ordinance.

583
01:16:28,520 --> 01:16:35,900
So I think I would be more inclined to just go with the eight just because that's what it says.

584
01:16:36,280 --> 01:16:40,720
I mean, we've read ordinances to other people and kind of stuck with them.

585
01:16:40,860 --> 01:16:43,160
I think the bad issue was the last one we did.

586
01:16:43,600 --> 01:16:47,900
So, you know, I think this one is a great tier three property.

587
01:16:48,140 --> 01:16:49,860
It's just that I think we need to stick to it.

588
01:16:49,860 --> 01:16:50,760
I

589
01:16:52,840 --> 01:16:54,840
agree with you that we can't really set a precedent.

590
01:16:55,460 --> 01:16:58,000
Does anyone else have any comments or want to make motion?

591
01:16:58,580 --> 01:17:22,600
One other comment, Mr. Delair, if we were to condition this on noise monitoring not noise meters being installed within 30 days, subject to your approval, are you ready to approve if they came forward and said these are the noise monitors were doing?

592
01:17:22,600 --> 01:17:30,660
This is the recording it does, you know, the records of the noise monitor and the location.

593
01:17:31,920 --> 01:17:33,800
Are you ready to approve that?

594
01:17:33,900 --> 01:17:41,760
So in other words, if we gave them 30 days to do this, because I am disappointed that, you know, this was approved in October and as of today they don't have noise monitors.

595
01:17:42,100 --> 01:17:52,360
If we were to give them 30 days to install noise monitors, are you in a position that you could give them concrete advice that the noise monitor needs to have.

596
01:17:52,360 --> 01:17:55,360
a log and you need to put it in this location.

597
01:17:57,000 --> 01:18:04,000
I've sent you a link already to the minute noise monitoring which in my opinion seems

598
01:18:04,000 --> 01:18:09,640
to give us the best report and what we've seen and what Heidi Gunter shared with us last

599
01:18:09,640 --> 01:18:16,200
month was that if you did put one inside, you can see that you're at 70 decibels and your

600
01:18:16,200 --> 01:18:23,260
noise monitor outside in the location that Ms. Romaine had mentioned, facing Sydney's house,

601
01:18:23,860 --> 01:18:27,660
the one that's 80 feet away, or even the 245.

602
01:18:27,940 --> 01:18:32,940
Like you mentioned earlier, it is twisted on the site slightly, that those guys are going

603
01:18:32,940 --> 01:18:36,340
to get interrupted either by the epic party at this location.

604
01:18:37,880 --> 01:18:43,200
And they can put those two outside, but they still have to have one inside for the main

605
01:18:44,240 --> 01:18:49,780
monitor to read from and then you also have to be within Wi-Fi distance so I don't

606
01:18:49,780 --> 01:18:55,080
know what the Wi-Fi scenario is there on how far out it'll read it depends on

607
01:18:55,080 --> 01:18:58,620
what kind of device you have so I mean there's a lot of factors that go into

608
01:18:58,620 --> 01:19:04,240
this and but it does have to be on Wi-Fi in order for it to be online and and then

609
01:19:04,240 --> 01:19:09,860
that way you can compare that there's 70 inside and 20 outside or 2 or 4 which

610
01:19:09,860 --> 01:19:13,600
which is really helpful in what Heidi shared with me last.

611
01:19:13,940 --> 01:19:23,680
But just to bring my question, if this owner needed specific guidance from you today so

612
01:19:23,680 --> 01:19:28,340
they could take action, and I'm okay with 30 or 60, I mean, I'm a little bit more lenient

613
01:19:28,340 --> 01:19:32,820
here because of Mr. Sidney saying there hasn't been a problem, but I do want noise monitors

614
01:19:32,820 --> 01:19:34,720
because I believe in them.

615
01:19:36,060 --> 01:19:41,140
I'm okay at 30 or 60 days to install them, but I guess my comment to you is if they,

616
01:19:41,300 --> 01:19:45,460
you know, if we're going to give them a tight deadline like 30 or 60 days, you could,

617
01:19:46,000 --> 01:19:50,300
you believe firmly that you could work out something within a matter of days so they could

618
01:19:50,300 --> 01:19:54,160
go in and install and see if they had internet connectivity where you wanted them.

619
01:19:54,160 --> 01:19:59,580
You're prepared you know and you're and your head what the noise monitoring should look like

620
01:20:00,000 --> 01:20:29,220
Yeah, and then once we know where those are at, if it's on a deck or patio, this particular home, it's going to be easy just to locate on the map on the plan. It is hard to read, because it was a large plan set that was reduced down to an a half by 11, but we can get that on the map. And Madam Chairman, as far as the, the two buildings, I feel strongly both ways. I could go with either one, and I think we really ought to look at a consensus of the board.

621
01:20:29,220 --> 01:20:36,660
I can support that the problem we were trying to avoid having two buildings isn't

622
01:20:36,660 --> 01:20:41,940
present in this, so I could go with the nine, including the two outside.

623
01:20:42,560 --> 01:20:44,160
I understand your position.

624
01:20:44,320 --> 01:20:46,800
I could also say the regulation is the regulation.

625
01:20:47,700 --> 01:20:51,460
Our job is not to interpret the regulation, it's to apply the regulation, so I could

626
01:20:52,040 --> 01:20:53,580
also go eight.

627
01:20:54,080 --> 01:20:56,180
So I think it's really just a consensus.

628
01:20:56,180 --> 01:21:00,880
As I, like I said, I could, I could go either way on that one, but I would like to

629
01:21:00,880 --> 01:21:04,360
hear an amendment, whoever, if someone makes a motion, I would like to have an amendment

630
01:21:04,360 --> 01:21:09,580
that the property owner installs the waste monitors within 60 days.

631
01:21:10,880 --> 01:21:18,060
Yeah, this is difficult, but we really, I'm uncomfortable with setting a precedent,

632
01:21:18,500 --> 01:21:25,460
especially with how specific we were at the previous meeting on bedrooms, that we

633
01:21:25,460 --> 01:21:46,220
We follow our own lead, so I would agree with you, we need a motion, or I would agree with Michael and I would agree with you that we need a motion that includes the noise monitors and reduces them down to eight bedrooms until such time as, you know, we make some adjustments to the ordinance.

634
01:21:46,220 --> 01:21:57,260
Would you also be in favor of a motion that said if the regulation is changed that Mr. Delair could

635
01:21:57,260 --> 01:22:04,460
unilaterally raise the occupancy back? So in other words, if we were to clarify the regulation that

636
01:22:04,460 --> 01:22:09,300
that's not what we meant, we didn't mean about a building and walls we meant about breaking something out

637
01:22:09,300 --> 01:22:20,580
separately, that if the regulation was changed, that unilaterally, Mr. Delayer could raise the occupancy to the 7 plus 2 into the 8.80.

638
01:22:22,850 --> 01:22:32,230
I could very much get behind something like that. I don't, I would imagine, I mean, it will be a long motion, but I think we should give it a try.

639
01:22:33,890 --> 01:22:38,890
So whoever wants to be verbose, go for it, Michael.

640
01:22:38,890 --> 01:22:40,510
I'm going to give it a whirl here.

641
01:22:41,390 --> 01:23:08,250
Madam Chair, I'd like to make a motion that the Tier III be approved with the following amendments that the main house is eight and has eight bedrooms and the second structure not be rented at this time that the applicant provide noise monitoring that is satisfactory to Mr. Delayr.

642
01:23:08,250 --> 01:23:24,070
and that if the ordinances do change for the second building with one permit that it can go to a

643
01:23:24,070 --> 01:23:35,490
7 plus 2 bedroom or a total of 18. So right now at 16 that I have proposed 8 and 0 for the

644
01:23:35,490 --> 01:23:45,470
second building, and if it's changed it can go to a seven plus two build bedrooms or total of 18.

645
01:23:45,870 --> 01:23:46,130
Thank you.

646
01:23:46,330 --> 01:23:48,810
Thank you, Michael, any second to that motion?

647
01:23:49,630 --> 01:23:50,070
No second.

648
01:23:51,450 --> 01:23:52,770
Any further discussion?

649
01:23:54,850 --> 01:23:55,330
Mr. Key?

650
01:23:56,550 --> 01:24:05,050
I guess I'm not concerned about where the people sleep, in other words, I'm very comfortable with eight.

651
01:24:05,770 --> 01:24:10,470
But what I think what I heard you say is they can't rent that structure out there.

652
01:24:10,710 --> 01:24:12,970
So in other words, they have 16 people.

653
01:24:13,970 --> 01:24:18,810
You're saying in your motion two of them could not live, two of them could not live

654
01:24:18,810 --> 01:24:21,830
in the bedrooms that are in the separate building.

655
01:24:21,890 --> 01:24:26,490
I just want to make sure I understood your motion because I personally don't care if it's

656
01:24:26,490 --> 01:24:29,050
16 if they all sleep in the living room.

657
01:24:29,870 --> 01:24:38,610
Well, that was the whole point of my motion was because in my reading of the ordinance,

658
01:24:39,230 --> 01:24:42,970
you can't have two buildings, and so you have to pick one or the other.

659
01:24:43,370 --> 01:24:45,250
I'm sure they're going to pick the one with the most bedrooms.

660
01:24:45,470 --> 01:24:50,470
I don't care which eight, or there might be nine or ten bedrooms in this main house.

661
01:24:50,910 --> 01:24:58,050
I don't care which bedrooms they sleep in as long as they're legal bedrooms, but I just

662
01:24:58,050 --> 01:24:58,870
had

663
01:25:00,000 --> 01:25:06,620
And that motion that they couldn't use the second one, because that's the second building with one permit proposal.

664
01:25:10,340 --> 01:25:31,840
Lauren. And I just want to apologize to Tina. This is, this is all new to us. And unfortunately I agree with Michael that we, we have an ordinance. We've got to follow the ordinance. The ordinance is flawed. We're going to work really hard to get this changed and fixed and clarified as quickly as we can. I also just want to mention that, and I don't know that it's part of where we are.

665
01:25:31,840 --> 01:25:36,060
but I think 30 days is appropriate, 60 just goes on a bit too long.

666
01:25:36,380 --> 01:25:42,740
However, one of my other concerns is that if noise monitors are only needed in a tier 3

667
01:25:43,240 --> 01:25:47,560
and part of me doesn't like the fact that someone comes up and has to put in a noise monitor

668
01:25:47,560 --> 01:25:51,420
before they're approved, you know, we've had a bunch of issues, we're kind of clarifying

669
01:25:51,420 --> 01:25:52,840
what a tier 3 really is.

670
01:25:53,160 --> 01:25:56,620
And so I'm actually okay with someone, I understand what you're saying, it's been since

671
01:25:56,620 --> 01:25:59,460
November, but I'm actually okay with someone not.

672
01:25:59,460 --> 01:26:03,520
I know it's a lot more back-and-forth work for Mr. Delariness and his staff,

673
01:26:03,960 --> 01:26:09,200
but until they're really approved, because they don't need a noise monitor if it's a tier two,

674
01:26:09,940 --> 01:26:12,960
I'm kind of okay with giving it, but I think 30 days is appropriate.

675
01:26:15,420 --> 01:26:15,640
Okay.

676
01:26:16,040 --> 01:26:21,820
I guess my concern, because I understand your logic completely, my concern with that is they're

677
01:26:21,820 --> 01:26:24,200
renting it as a tier three until they get approval.

678
01:26:24,700 --> 01:26:29,820
Which, and by the way, I guess that's only a one-year thing, and I guess we could let that go, right?

679
01:26:29,820 --> 01:26:35,980
because you had to bring it 180 days, so I guess I disagree, but I don't care.

680
01:26:38,760 --> 01:26:44,760
Did you also include in your motion that if the regulation has changed, that Mr. Delirke

681
01:26:44,760 --> 01:26:46,180
D. Unilaterally, was that part of his motion?

682
01:26:46,700 --> 01:26:47,860
Okay, I believe I did.

683
01:26:48,100 --> 01:26:48,880
And did you second?

684
01:26:49,480 --> 01:26:49,540
Yes.

685
01:26:49,660 --> 01:26:51,020
Okay, that's all the comments I had.

686
01:26:52,580 --> 01:26:56,860
So the motion gave 60 days, is that there was no days?

687
01:26:57,160 --> 01:26:57,360
Okay.

688
01:26:57,360 --> 01:27:01,740
Okay, so we have a motion, we have a second.

689
01:27:02,420 --> 01:27:05,840
We have some discussion, is there any, are you ready to vote?

690
01:27:06,460 --> 01:27:09,520
All those in favor, signify by saying aye.

691
01:27:09,720 --> 01:27:10,040
Aye.

692
01:27:10,700 --> 01:27:14,140
The post, 5-0, thank you.

693
01:27:17,960 --> 01:27:24,960
Okay, we're skipping item number two and moving on to item number three for

694
01:27:26,720 --> 01:27:32,120
possible action, discussion on an application to obtain a tier three vacation home

695
01:27:35,240 --> 01:27:44,100
The subject application is for a seven-bedroom home, 14 person occupancy located at 153 Granite Springs.

696
01:27:44,580 --> 01:28:02,100
The owner is IDB Holdings, LLC, Lewis Sarmiento, who currently has a Douglas County issued VHR permit number 08401811, APN 131826-5154.

697
01:28:02,100 --> 01:28:04,800
5-0-3-1, Mr. Delay.

698
01:28:05,460 --> 01:28:06,520
Hi, thank you.

699
01:28:07,300 --> 01:28:12,380
Our staff has been working with this individual and they have requested the board

700
01:28:12,940 --> 01:28:19,960
consider continuing this item to the March 2nd, or March, I'm sorry, the March meeting date.

701
01:28:21,140 --> 01:28:28,820
They are in the process of obtaining a property manager, still that took a lot longer than they anticipated

702
01:28:28,820 --> 01:28:39,800
and in our conversations with staff's conversations with this individual, they wanted to or they're requesting you just to push this off till next month if possible.

703
01:28:39,940 --> 01:28:51,540
I know there is a big uproar from the public over the weekend and on this particular property and there may even be people here to speak on on this one's behalf.

704
01:28:52,660 --> 01:29:00,540
So anyway, that's the situation, I can go into this and if you want to continue to hear it,

705
01:29:00,600 --> 01:29:03,820
but the applicant has requested that we continue it.

706
01:29:06,310 --> 01:29:11,190
What is the pleasure of the board? Do you want to learn?

707
01:29:13,660 --> 01:29:18,420
I guess I'm feeling that so we've got people here that really have some comments

708
01:29:18,420 --> 01:29:42,000
and was posted on the agenda and we can also at the same time defer a decision so we can hear and discuss and then maybe there might be some other issues that come up with us that we really need to focus in on so in order to me to delay it is only going to delay fixing or addressing some possible other issues.

709
01:29:42,840 --> 01:29:47,020
Yeah, the request came a couple of weeks ago. I couldn't get it out of the newspaper

710
01:29:47,020 --> 01:29:53,120
ad and I couldn't get it off of the agenda just because of the way we post things here.

711
01:29:54,180 --> 01:29:59,740
You know, this process started a few weeks ago and the determination was already sent.

712
01:30:00,000 --> 01:30:06,540
The newspaper ads and the mail letters were already sent out and so continuing it to a

713
01:30:06,540 --> 01:30:11,140
deep certain we can. I think you can still hear it and then have the public speak now.

714
01:30:11,480 --> 01:30:19,680
I mean, that's fine, but at least the property owner would be available to counter those

715
01:30:19,680 --> 01:30:25,100
arguments. So that's all I was asking for.

716
01:30:26,220 --> 01:30:28,760
Is the property owner here today?

717
01:30:29,160 --> 01:30:30,220
No, he's not available.

718
01:30:30,540 --> 01:30:31,380
That's been the problem.

719
01:30:31,500 --> 01:30:32,520
It was a business meeting.

720
01:30:32,520 --> 01:30:36,940
I understand that he's out of town and not if it's not available.

721
01:30:38,560 --> 01:30:42,640
Is there a way we can find out if there are people in the audience or on Zoom who want

722
01:30:42,640 --> 01:30:50,360
to speak to this particular, okay, if that is the case, let me talk to the rest of you.

723
01:30:50,360 --> 01:30:50,980
Patty.

724
01:30:51,280 --> 01:30:51,460
Yeah.

725
01:30:51,780 --> 01:30:51,900
Hi.

726
01:30:52,620 --> 01:30:54,340
Patty Kraft for the record.

727
01:30:54,700 --> 01:31:02,640
I think since the neighbors have taken time off of their day that they should be heard

728
01:31:02,640 --> 01:31:07,660
because I'm not sure if maybe they would be able to be available for next month's meeting

729
01:31:08,640 --> 01:31:17,080
and go ahead and let's whoever's on Zoom in here today, let us hear their comments and

730
01:31:17,080 --> 01:31:21,620
And then go ahead and postpone with the owner until next month.

731
01:31:23,020 --> 01:31:23,500
Okay.

732
01:31:24,620 --> 01:31:28,120
I would like to leave us some flexibility to be part of what we hear.

733
01:31:28,820 --> 01:31:35,580
I think if we get to a situation where there are questions that the owner,

734
01:31:37,610 --> 01:31:41,990
we need input from the owner, then I think we could defer it.

735
01:31:42,050 --> 01:31:45,270
But before we hear this, I would like to hear it.

736
01:31:45,270 --> 01:31:52,810
I have some concerns, and I don't want to get in a situation where if you want to rent

737
01:31:52,810 --> 01:31:55,590
for tier 3 again, you can delay when you want to.

738
01:31:56,930 --> 01:32:03,030
So you know, I do understand they're rapidly trying to get a property manager, but they've

739
01:32:03,030 --> 01:32:09,050
had their tier 3 permit for a while, probably November, and it's now February.

740
01:32:10,370 --> 01:32:14,890
These, I don't think they're necessarily that hard to get, so I would like to hear it and

741
01:32:14,890 --> 01:32:22,210
And then make a decision after we've heard all the things, whether we should defer it for input from the owner, or if we can go ahead and make a decision.

742
01:32:23,810 --> 01:32:24,870
Thank you, Keith Michael.

743
01:32:25,690 --> 01:32:27,250
Well, I'd like to hear it.

744
01:32:27,250 --> 01:32:31,350
I think there's several people of the public that are here to have it.

745
01:32:31,430 --> 01:32:38,090
And then I want to be noted that there's multiple letters in opposition from the community.

746
01:32:41,580 --> 01:32:42,020
Okay.

747
01:32:43,560 --> 01:32:44,240
Sorry, Tom.

748
01:32:47,680 --> 01:32:52,240
I'm sorry. I guess this is where you give your presentation.

749
01:32:52,660 --> 01:32:59,100
Yeah, thank you. So this one is, let me get to my spot here.

750
01:32:59,820 --> 01:33:05,780
The 153 granite springs, they are requesting the occupancy of 14.

751
01:33:06,200 --> 01:33:08,060
The total number of bedrooms is seven.

752
01:33:08,900 --> 01:33:14,560
The previous occupancy, maximum occupancy was 20 with the same seven bedrooms.

753
01:33:14,560 --> 01:33:17,440
that was because we had the additional four in the lunar room.

754
01:33:17,980 --> 01:33:24,860
There's a total of six parking stalls and we have two in the garage and four in the driveway.

755
01:33:25,820 --> 01:33:28,240
There was complaints.

756
01:33:28,540 --> 01:33:33,360
We heard there were two unfounded noise complaints in the past 12 months from the sheriff's department.

757
01:33:34,060 --> 01:33:39,020
And I believe I can't remember by I think these are the ones that were maybe their reported late.

758
01:33:39,600 --> 01:33:43,820
Sheriff's office is makes it to the site and then of course the noise isn't happening at that time.

759
01:33:43,820 --> 01:33:56,560
So we ad urge the residents and the ones around to complain to the advisory board and I understand that happened this weekend although there was some confusion about the number.

760
01:33:56,800 --> 01:34:04,660
I just want to make sure everybody is clear that the number to call is 775-783-6027.

761
01:34:05,320 --> 01:34:07,060
It's also posted on our website.

762
01:34:08,560 --> 01:34:16,380
And then the bear box for trash, we have three person local maintenance crew that dumps trash in the landfill after every visit.

763
01:34:16,680 --> 01:34:25,560
So that's their explanation on that and it looks to me like we have the 100, it was about 100 feet.

764
01:34:26,220 --> 01:34:30,180
I think was the closest and it was across the street 100 foot for that.

765
01:34:30,180 --> 01:34:37,740
that it's on page 104, the packet, 167, or 169 actually is the longest distance away.

766
01:34:37,940 --> 01:34:42,020
And there's four different, one, two, three, four different homes.

767
01:34:42,760 --> 01:34:46,080
The adjacent properties are vacant on either side of the home.

768
01:34:46,680 --> 01:34:50,780
And I can't remember if these were the ones where the state owned them, I believe so.

769
01:34:51,660 --> 01:34:59,800
And we're working on that to try and get a layer so we can turn that on to show you guys that it's a publicly owned parcel of US Forest Service.

770
01:35:00,000 --> 01:35:29,840
State of Nevada, Douglas County, have acquired a lot of parcels up in here in the developments in order to reduce the density in these neighborhoods. So it would be better to have that information for you guys as well. And then the applicant isn't available right now. But, and I don't think we had or we did actually recommend a condition to be added to the approval, require an applicant to provide the location of the

771
01:35:29,840 --> 01:35:41,260
existing noise monitors, I don't think we're able to determine where those were located and we'll work with him on that on those locations as well, but so that's what I have.

772
01:35:42,680 --> 01:35:44,080
Thank you, Mr. Delayer.

773
01:35:44,480 --> 01:35:58,780
I want to remind the board that because the owner isn't here, we won't get some of our questions answered and Mr. Delayer, if you would ask the permit holder to listen to this portion of the meeting so

774
01:35:58,780 --> 01:36:07,500
So that he's prepared if we end up differing the vote, because I know for myself, I have

775
01:36:08,020 --> 01:36:17,540
quite a few comments, but let's start with the board here asking, we're not asking questions,

776
01:36:17,540 --> 01:36:24,960
I guess we're making comments, or we're not, okay, and then if you have any questions for

777
01:36:24,960 --> 01:36:26,840
the fire marshal as well.

778
01:36:27,620 --> 01:36:29,720
So, Kate, do you want to go first?

779
01:36:30,060 --> 01:36:35,700
Mr. Miller, I just want to, I'm just trying to use intuition about the LLC.

780
01:36:36,140 --> 01:36:41,520
And this is owned by IDB holdings, but the permit is issued to an individual.

781
01:36:41,860 --> 01:36:47,300
Is that how you're trying to prevent transfer of permits with a cell of a property?

782
01:36:47,560 --> 01:36:52,940
Or why wouldn't the, and by the way, the permit was issued after 6221,

783
01:36:52,940 --> 01:36:56,880
And I wasn't sure what was happening with LLCs.

784
01:36:57,600 --> 01:37:06,120
I thought the original ordinance said no LLCs after 62221.

785
01:37:06,200 --> 01:37:07,360
Were those grandfathered in?

786
01:37:07,600 --> 01:37:10,540
Or can you tell me about how the LLC was a grandfathered in?

787
01:37:10,680 --> 01:37:12,100
Or if it not, why was it issued?

788
01:37:13,340 --> 01:37:18,020
And then, or is that why it's Lewis Serinto?

789
01:37:18,940 --> 01:37:21,540
So if you can just kind of look at that.

790
01:37:21,540 --> 01:37:29,460
And it's LLC issued after 6-2-21, but the permits in the name Louis Sorrento, is that

791
01:37:29,460 --> 01:37:31,880
why it's an individual's brother in the LLC?

792
01:37:33,540 --> 01:37:38,300
Tom Delair for the record, the LLC purchased the property or it was transferred.

793
01:37:38,520 --> 01:37:43,140
Actually, I think on this particular one, if you look at the deeds tied to the ownership

794
01:37:43,140 --> 01:37:48,220
records on page 147, they purchased the property on September 2020.

795
01:37:48,220 --> 01:37:59,380
The LLC is when that happened, so they did create the LLC this last time prior to those new rules going into effect in 2021.

796
01:38:00,440 --> 01:38:07,340
I believe we left the permit or back when host compliance was doing the permits and we were managing that.

797
01:38:07,860 --> 01:38:11,520
I believe the permit was still left in the original owner's name.

798
01:38:12,600 --> 01:38:17,120
I believe is what happened or there may have been even a property manager associated with this.

799
01:38:17,120 --> 01:38:24,340
I'm going to need to dig into this a little bit more to answer your questions in detail

800
01:38:24,340 --> 01:38:27,760
because some of this is getting really far into the weeds on this application.

801
01:38:28,920 --> 01:38:36,380
But Lewis, Serinto Lewis, it looks like to me where the last two that were issued on

802
01:38:36,380 --> 01:38:42,840
this particular property and what we're trying to do now is we're at the guidance of our district

803
01:38:42,840 --> 01:38:59,580
Your attorney's office is show the actual owner's name so the LLC will be on the permit and then in brackets it's who the LLC has identified as the responsible person and that's how we've been trying to write the code you know the ordinance or the I'm sorry the agenda action item.

804
01:39:00,040 --> 01:39:05,440
So we give you the name of the individual who's in the responsible charge of the LLC on a go for basis.

805
01:39:05,440 --> 01:39:10,880
There's a vacant lot and I think on page 104 it shows,

806
01:39:12,520 --> 01:39:16,340
you know, there's 169 feet, 100 feet, 167, 125 feet.

807
01:39:16,760 --> 01:39:21,580
That lot on page 104 to the left is,

808
01:39:21,720 --> 01:39:25,380
I don't know if that's a billable lot,

809
01:39:26,220 --> 01:39:29,100
but it would be interesting to know how close the building envelope

810
01:39:29,100 --> 01:39:33,540
is to that house because I suspect if that one other lot is 125,

811
01:39:33,540 --> 01:39:37,740
the building envelope is 60, which again I have a

812
01:39:37,740 --> 01:39:40,740
reversible presumption about a hundred feet whether you like it or not, whether

813
01:39:40,740 --> 01:39:43,600
anybody thinks it makes sense or not, I still have that. So it would be

814
01:39:43,600 --> 01:39:47,840
interesting when when there's a vacant lot to find out if it's a buildable lot

815
01:39:47,840 --> 01:39:52,560
and if it's a buildable lot, how close the building envelope is to the house.

816
01:39:52,560 --> 01:39:59,880
When you mentioned unverified, unfounded verse unverified, unfounded

817
01:40:00,000 --> 01:40:29,780
And unverified are the same term. They just mean that by the time we got there, we couldn't verify, unfounded does not mean that we suspect the complaint was malicious. Is that correct? Yes, that's correct. Okay, thank you. That's all the question I had from Mr. Delair. I knew I'm sorry. Mr. Delair. Thank you, Madam Chair. Tom Delair for the record. So on these images, when you're looking at from GIS, the property lines that are yellow are not entirely accurate. It depends on where the plane

818
01:40:29,780 --> 01:40:37,880
was flying at the time the aerial was taken so the further out from where the plane is at the further off

819
01:40:37,880 --> 01:40:43,760
our property lines are going to be and it's upwards of 16 feet so I don't want to I don't want to

820
01:40:43,760 --> 01:40:47,900
give you a dimension from the house to the property line and without some sort of survey

821
01:40:47,900 --> 01:40:52,360
giving us exactly where that is at it's going to be difficult I mean I can give you a ballpark

822
01:40:52,360 --> 01:40:57,880
roughly you know but we can normally tell but up in Tahoe there's not a whole lot of fences

823
01:40:57,880 --> 01:41:02,100
is down here in the valley, you can really tell and see, well, look at the property line

824
01:41:02,100 --> 01:41:06,900
and the fence lines are off, but up here it's a little more difficult, but you can tell

825
01:41:06,900 --> 01:41:11,840
by the road, having a lot more right away, but they may have built it that way, what I found

826
01:41:11,840 --> 01:41:16,140
up in Tahoe, is the right road might not be in the middle of the road like it is down here

827
01:41:16,140 --> 01:41:16,580
in the valley.

828
01:41:16,780 --> 01:41:21,940
So, there's a lot of factors that go into finding these distances, and I don't know that that's

829
01:41:21,940 --> 01:41:27,200
really the intent of what our code was trying to get into in the detail that we were expecting

830
01:41:27,200 --> 01:41:34,260
staff to drill down to on each and every application and I just want to be careful of that.

831
01:41:34,520 --> 01:41:44,200
Well, just my position, I understand that concern and you can't do what you can't do, and I understand that the deviations in an aerial photograph.

832
01:41:46,820 --> 01:41:56,360
But if it would be good to know whether it's a buildable lot or not from the minimum because I've had situations

833
01:41:56,360 --> 01:42:01,260
and AOA issues where the neighbors have said everything's okay, we're okay with them

834
01:42:01,260 --> 01:42:02,480
violating the OHOA standards.

835
01:42:03,220 --> 01:42:06,240
But that doesn't mean the person who buys that house is also going to be okay.

836
01:42:07,020 --> 01:42:14,960
And so, you know, while it's 160 feet, 100 feet, 169 feet to 125 feet, if the lot in between

837
01:42:14,960 --> 01:42:22,420
the 125 foot house and this is a buildable lot, someone is going to move in and they are

838
01:42:22,420 --> 01:42:25,780
going to be much closer potentially than 125 feet.

839
01:42:25,780 --> 01:42:30,180
So I understand what you can't tell me where the building, you know, you probably can't tell me the exact

840
01:42:31,440 --> 01:42:32,540
distance from the

841
01:42:33,160 --> 01:42:40,260
building envelope, but to know whether it's a bill, I would, I would suggest we talk about whether it's a build a lot then. Thank you.

842
01:42:40,820 --> 01:42:41,220
So,

843
01:42:43,590 --> 01:42:44,830
Nevada State Land, these are not built.

844
01:42:47,230 --> 01:42:49,610
Thank you, Keith, um, Lauren.

845
01:42:49,990 --> 01:42:50,770
Sorry, Tom.

846
01:42:55,590 --> 01:43:06,650
So Chief has a great app that I don't have access to they'll have to get access to at one point or not they'll give a subscription but they're both stated Nevada owned on either side of the home.

847
01:43:06,650 --> 01:43:07,150
I

848
01:43:28,590 --> 01:43:35,150
heard say to that something that what about the one directly across the street to the right state of Nevada

849
01:43:40,020 --> 01:43:41,340
Okay, I'll learn

850
01:43:41,340 --> 01:43:45,720
I have a couple questions for the for the fire chief

851
01:43:46,740 --> 01:43:49,400
In law fire report. It says the bedroom

852
01:43:50,200 --> 01:43:54,160
Maps must be redone to show current bedroom count

853
01:43:55,280 --> 01:43:59,120
Do you know what that and then the photos show

854
01:43:59,120 --> 01:44:10,780
There's seven bedrooms, but they used to have eight on their permit, so I'm just kind of really confused over what happened.

855
01:44:11,840 --> 01:44:16,000
So do you know what that means as far as the bedroom maps must be redone to show current bedroom count?

856
01:44:19,620 --> 01:44:28,920
Sometimes the homes, they'll use a owner, like an owner, air gave on for the record, fire marshal, division chief.

857
01:44:29,980 --> 01:44:42,980
So sometimes owners will use a bedroom for a lock-off and they will store their personal items in those and then when they go to permit, if they choose that they're going to rent that room, then we count that as a bedroom.

858
01:44:43,240 --> 01:44:46,100
So we look at the safety features there and make sure it's appropriate.

859
01:44:47,140 --> 01:44:54,040
So that they can either expand them or withdraw depends on what they're asking you to permit.

860
01:44:54,980 --> 01:44:59,620
Okay, and then I'm scrolling down and I don't know this is actually a question for you but I'm confused.

861
01:45:00,000 --> 01:45:29,500
It's kind of more for everyone. It's I'm confused because we started off with, I mean, I'm trying to get down to the bottom permit here. I was thinking that they were permitted for eight bedrooms, but now they're asking to be permitted for seven bedrooms. Is that, did I miss something there? That's correct. Seven bedrooms is the correct amount that we have on our agenda. They're, they're original. They're original.

862
01:45:29,500 --> 01:45:34,360
All occupancy was 20, which means 16, which means 8.

863
01:45:35,040 --> 01:45:37,160
So they had 8 bedrooms before.

864
01:45:37,760 --> 01:45:41,840
Now they're down to 7 bedrooms because now the number of bedrooms is put on.

865
01:45:42,780 --> 01:45:44,600
So do we know what happened?

866
01:45:47,530 --> 01:45:47,590
Yeah.

867
01:45:47,690 --> 01:45:48,070
Oh, sorry.

868
01:45:48,770 --> 01:45:54,730
If you go to page 112, I believe one of the bedrooms had bunk beds in front of the window.

869
01:45:55,070 --> 01:46:00,390
So there wasn't an egress, so I believe that was why the beds dropped from 8 to 7 as the

870
01:46:00,390 --> 01:46:07,770
way I took it. I was on page 112. Yeah, if I may, Madam Chair. So the eighth bedroom

871
01:46:07,770 --> 01:46:13,570
is not a legal bedroom. The seventh one is a tiny little room. That is an office, not

872
01:46:13,570 --> 01:46:20,450
a bedroom. So it would be an office. Okay. Thank you. But let me go through my pictures

873
01:46:20,450 --> 01:46:28,630
of the bedrooms. And when we, oh, that's good. Yeah, that's nice. So if we go through the

874
01:46:28,630 --> 01:46:37,770
pictures of the bedrooms. Unfortunately, page 131 is not a primary-purpose room. So I needed

875
01:46:37,770 --> 01:46:41,630
clarification on how many actual bedrooms there were. So now we're saying there's actually

876
01:46:41,630 --> 01:46:48,030
seven bedrooms because one was not considered a bedroom. But one of the seven that are in

877
01:46:48,030 --> 01:46:54,070
this group on page 131 is not a primary-purpose room.

878
01:46:57,320 --> 01:46:57,760
Okay,

879
01:46:59,770 --> 01:47:05,650
and on the plans, it does say, it does say game room, seventh bedroom, so it's a combination type of thing.

880
01:47:05,950 --> 01:47:10,330
So, I don't know how we went on, fortunately, we're back to that issue again.

881
01:47:13,930 --> 01:47:18,030
Can I run through my things real quick, and we can come back to this room thing, if everybody wants to.

882
01:47:18,770 --> 01:47:26,950
Okay, on their advertisements, they actually, on the Airbnb, the reviews talk about space heaters.

883
01:47:26,950 --> 01:47:34,630
are space heaters acceptable forms of heat in a rental, I guess a mask on Mr. Gwervin?

884
01:47:35,730 --> 01:47:48,030
So, yes, they can be acceptable if they're plugged in appropriately, so if they have extension cords or they're illegally wired in there, we will not allow those.

885
01:47:48,670 --> 01:47:53,890
But if they have all the safety features and they're a good heater, they're acceptable.

886
01:47:54,070 --> 01:47:55,330
So you are rated heaters, yes.

887
01:47:56,010 --> 01:48:00,850
The interesting thing in the fire report, it doesn't say anything about space heaters,

888
01:48:00,990 --> 01:48:07,210
so the thing of it is that we have a place that wasn't overseen for space heaters to

889
01:48:07,210 --> 01:48:12,090
make sure that they're being appropriately done, but the reviews are saying that they

890
01:48:12,090 --> 01:48:16,690
use space heat, and I'm just, I was just kind of curious, it's kind of one of those areas

891
01:48:16,690 --> 01:48:19,530
where we need to try to figure out a little bit more.

892
01:48:22,770 --> 01:48:30,150
In the article, it also says in this is that on the Airbnb, it also says the remodeled addition is perfect for multi-families.

893
01:48:30,330 --> 01:48:42,270
So I don't know what that, I don't know if anybody knows what that means, is there a separate living section in that home that you know of, unfortunately, we don't get on the inside of them.

894
01:48:42,390 --> 01:48:44,950
So we're kind of reliant on your eyes and ears.

895
01:48:45,770 --> 01:48:46,570
Madam Chair.

896
01:48:48,290 --> 01:48:49,190
Mr. Taylor.

897
01:48:49,630 --> 01:48:54,290
Yeah, some of these, same to you there for the record, Douglas County D.A.'s.

898
01:48:54,690 --> 01:49:02,110
Some of these things that Lauren's getting into, it kind of going into questions that it would be appropriate for the owner to answer.

899
01:49:03,050 --> 01:49:04,070
And the owner's not present.

900
01:49:04,950 --> 01:49:13,630
And, you know, under the public hearing procedures in 2024, the Douglas County Code, they're allowed to basically be present during a public hearing.

901
01:49:13,630 --> 01:49:18,490
they were informed as my understanding that they did not need to be present.

902
01:49:19,030 --> 01:49:22,390
So the question maybe as to whether or not you can postpone that and

903
01:49:22,390 --> 01:49:27,690
ask those questions to the owner in a later date, might be appropriate to decide whether

904
01:49:27,690 --> 01:49:28,530
or not you can do that at the point.

905
01:49:28,550 --> 01:49:31,790
And I think my purpose was first to see if there were a way to get it answers.

906
01:49:31,970 --> 01:49:34,370
But then the second thing is also is that these are issues.

907
01:49:34,370 --> 01:49:39,570
So if like Mickey said, if they listen to this, then we'll be much better prepared when they do.

908
01:49:39,750 --> 01:49:42,530
So I understand I'm not going to get that maybe get the answers on it.

909
01:49:42,530 --> 01:49:48,230
I have one last thing if I could, on their online ad, they still are advertising for 20 people.

910
01:49:48,670 --> 01:49:58,410
So the title says the appropriate time, but if you read in the narrative, it says perfect place for 20 people, eight beds.

911
01:49:58,410 --> 01:49:59,830
And I would

912
01:50:00,000 --> 01:50:23,400
I really hope that people that are getting the privilege of owning a VHR and operating a VHR would take those things and what is out there in the public seriously and fix those fairly quickly, because they're fairly easy to fix. So that's my purpose in getting that. So can we go back to the bedroom? I guess I'm looking for other people in their thoughts on this seventh bedroom.

913
01:50:26,600 --> 01:50:30,880
Michael? Okay. Well, I think you know where I come from from the last meeting, I think.

914
01:50:30,880 --> 01:50:38,380
If there's beds in there, and it looks like that's what they're used for, and there's

915
01:50:38,380 --> 01:50:44,200
a billiards table, and there's a TV, I'm going to consider a bedroom.

916
01:50:52,980 --> 01:50:54,980
So I am probably the same place as well.

917
01:50:56,580 --> 01:51:04,300
I think the spirit behind this was, let's not pack as many people as we possibly can

918
01:51:04,300 --> 01:51:14,300
in any space possible and this bedroom issue was a way a hook to do that. And so that's why I'm

919
01:51:14,300 --> 01:51:20,020
in the same place also that I was last meeting that bedroom's ought to be beds. And if they're

920
01:51:20,020 --> 01:51:24,680
game rooms, you don't get that as a bedroom simply because you're trying to raise that. Now again,

921
01:51:24,820 --> 01:51:30,100
the owner's not here. I do have some more questions and comments though based on some of the things

922
01:51:30,100 --> 01:51:32,900
things that are said, but I'll let other people speak quite to those.

923
01:51:35,020 --> 01:51:35,380
Patti.

924
01:51:36,840 --> 01:51:46,160
I'm comparing this shot to the last meeting that we had, where they had the couch with

925
01:51:46,160 --> 01:51:53,800
the kitchen, I'll say a kitchenette in there, which they used for entertainment and then

926
01:51:53,800 --> 01:51:54,740
they had a hide-a-bed.

927
01:51:54,740 --> 01:52:04,400
to me that if they put in a bed that would be more like a suite where this looks

928
01:52:04,400 --> 01:52:11,120
like they just added some more beds took a game room added more beds to it to

929
01:52:11,120 --> 01:52:14,420
get more occupancy. Thank you.

930
01:52:19,760 --> 01:52:24,080
I had all the same questions and comments so I don't

931
01:52:24,080 --> 01:52:30,610
I think I need to waste any more time with what I had to say.

932
01:52:30,710 --> 01:52:31,490
I had the same comments.

933
01:52:31,710 --> 01:52:37,330
The bedrooms, you know, just don't all look like bedrooms, you know, the no trash

934
01:52:37,330 --> 01:52:41,830
service, the things like that, but those are things I think we'd have to talk to

935
01:52:41,830 --> 01:52:43,170
the owner about Keith.

936
01:52:43,850 --> 01:52:50,150
Well, back to their ad, the title acts as spectacular eight bedroom that sleeps 20.

937
01:52:51,110 --> 01:52:56,710
Then if you go down to the description, entire 16 guests was seven bedrooms.

938
01:52:57,890 --> 01:53:03,470
So even if there were seven, there should be 14, not 16, but there's clear indication

939
01:53:03,470 --> 01:53:06,930
that if you want to bring 20 people, they can all find a place to sleep.

940
01:53:07,890 --> 01:53:08,530
And that bothered me.

941
01:53:08,590 --> 01:53:10,390
But I wanted to go back to Mr. Taylor.

942
01:53:11,190 --> 01:53:15,970
Mr. Taylor, if I understand right, this meeting was noticed.

943
01:53:16,690 --> 01:53:23,790
We have given the owner the opportunity to show up to appear to be on Zoom to be anywhere else.

944
01:53:24,150 --> 01:53:28,650
Are you saying that we cannot act on this today?

945
01:53:30,490 --> 01:53:34,730
Because again, when I heard your words and was kind of going down a mental checklist,

946
01:53:35,430 --> 01:53:39,890
it was agendized. They were aware the meeting was there.

947
01:53:40,110 --> 01:53:43,150
They may not have wanted to, they may have wanted to reschedule it.

948
01:53:43,150 --> 01:53:45,650
But we did offer them the chance to appear.

949
01:53:46,750 --> 01:53:51,370
Can you, I mean, would you find it illegal or inappropriate if we were to act on this today?

950
01:53:51,670 --> 01:53:55,290
Because I mean, that obviously changes the direction of our questions.

951
01:53:56,570 --> 01:53:59,810
Sam Taylor for the record, Douglas Kennedy DA's office.

952
01:54:01,090 --> 01:54:06,870
I would start out by reiterating what I mentioned before, which is 2024, the Douglas Kennedy code.

953
01:54:07,970 --> 01:54:11,450
Essentially, authorizes and allows an applicant to come and

954
01:54:11,450 --> 01:54:16,350
appear and provide testimony and evidence in support of their application.

955
01:54:17,050 --> 01:54:22,990
This is an application in front of this board and the public hearing procedures in 2024

956
01:54:22,990 --> 01:54:23,950
should be followed.

957
01:54:25,690 --> 01:54:27,190
Normally, I would say yes.

958
01:54:27,550 --> 01:54:32,710
If it's agendized and properly noticed, the person should appear and present evidence.

959
01:54:33,130 --> 01:54:39,030
There is a mitigating circumstance here, and that is the fact that staff informed the applicant

960
01:54:39,030 --> 01:54:40,310
and risk my understanding they did,

961
01:54:40,890 --> 01:54:44,490
and let them know that they did not need to be present today.

962
01:54:46,910 --> 01:54:48,770
So there is a little bit of a disconnect.

963
01:54:49,170 --> 01:54:51,550
I think it was understanding of staff released

964
01:54:51,970 --> 01:54:56,990
from what I understand that this matter would

965
01:54:56,990 --> 01:54:58,350
be able to be continued.

966
01:55:00,000 --> 01:55:29,980
I'm not sure how the board would like to address that particular fact, but if the applicant was notified by somebody having a parent authority on behalf of the county, and giving them advice as to not to appear today, then I think the board should take that into account when making his decision. And also in the event the board did make the decision in the absence of the owner, if it went against the owner or the applicant. And the applicant was not

967
01:55:29,980 --> 01:55:36,340
here and was told they didn't have to be here, that would present a pretty good appeal issue.

968
01:55:37,720 --> 01:55:41,420
Sorry, I'm just picking it to words a little bit.

969
01:55:43,450 --> 01:55:47,930
The applicant was told they didn't have to appear, which is every applicant.

970
01:55:48,350 --> 01:55:50,710
No applicants mandated to come before this committee.

971
01:55:51,490 --> 01:55:57,890
So I just wanted to verify yours, it was stated to the applicant, they didn't need to appear

972
01:55:57,890 --> 01:56:00,070
because it would be deferred.

973
01:56:01,540 --> 01:56:05,040
That is my understanding, Mr. Spryer.

974
01:56:05,100 --> 01:56:05,460
Thank you, yes.

975
01:56:08,960 --> 01:56:10,660
Mr. Dillard, I have a question.

976
01:56:11,000 --> 01:56:22,380
When these permits are in between being issued and before we hear them, there is issued a tier three permit.

977
01:56:23,100 --> 01:56:32,120
Does whoever the people are that check applicant ads to make sure they're correct, do those get looked at or

978
01:56:32,120 --> 01:56:35,580
more carefully or at all during that time?

979
01:56:37,220 --> 01:56:43,260
Yeah, Madam Chair, there's Tom DeLair for the record and I would say yes they do get looked at and

980
01:56:43,260 --> 01:56:49,540
scrutinized and then the applicant was informed and it sounds like they did change it.

981
01:56:49,620 --> 01:57:01,620
They may have missed the title on that ad that you know when we given them the letter stating any changes that happen here at this board then we mandate that they

982
01:57:01,620 --> 01:57:09,660
They take care of that like now, and we'll let this individual know as well that the advertising is still off.

983
01:57:11,890 --> 01:57:16,910
Thank you. I was kind of curious about that kind of as a global question for all of them.

984
01:57:17,670 --> 01:57:32,910
But back if I may, Madam Chair, to answer Mr. Buyer's question, I believe staff did tell them that they didn't have to appear for this meeting and we were trying to get this actually pulled off the agenda.

985
01:57:32,910 --> 01:57:38,070
But with the noticing that went out to the neighbors and we didn't want that to be their confusion piece

986
01:57:38,070 --> 01:57:42,490
That's why I opened with asking you guys to continue this till next month, but

987
01:57:43,390 --> 01:57:45,910
But that's yeah, thank you

988
01:57:46,850 --> 01:57:47,410
This

989
01:57:48,250 --> 01:57:48,810
Michael

990
01:57:49,810 --> 01:57:52,590
I just have a comment based upon Mr. Taylor's

991
01:57:53,110 --> 01:57:59,870
And Mr. Delayer I I think we should hear from the public but not really make any any

992
01:57:59,870 --> 01:58:05,750
any decisions today and I speed things up a little bit.

993
01:58:05,770 --> 01:58:07,270
I concur, Lauren.

994
01:58:08,090 --> 01:58:09,370
I concur also.

995
01:58:10,670 --> 01:58:14,250
It's disheartening because we have so many to get through and everything else and we're

996
01:58:14,250 --> 01:58:18,290
trying to get our feet under us here, but I think it's only appropriate.

997
01:58:18,790 --> 01:58:20,170
I do have one other question for the chief.

998
01:58:21,070 --> 01:58:27,690
On our walk around of this property, the gas grill is up against a railing.

999
01:58:27,690 --> 01:58:33,750
I was wondering at what the status of that goes when you're doing inspections and whether

1000
01:58:33,750 --> 01:58:34,510
that's acceptable.

1001
01:58:37,550 --> 01:58:41,490
So the barbecue would have to have clearance from anything combustible, so I don't know

1002
01:58:41,490 --> 01:58:42,530
what the railing is there.

1003
01:58:43,090 --> 01:58:47,070
So we speak to them and we have them make sure there's clearance.

1004
01:58:47,290 --> 01:58:51,950
So nothing, they can't be under an overhang and they have to have clearance from combustibles.

1005
01:58:53,470 --> 01:59:05,010
Usually, it can be up to 36 inches from the sides, sometimes the back has a closer limitation, so it just depends on the actual barbecue.

1006
01:59:05,470 --> 01:59:12,450
If it's a smoker or a trigger, it basically can be right up against the grill, or right up against the railing, I'm sorry.

1007
01:59:12,450 --> 01:59:15,510
Thank you.

1008
01:59:17,150 --> 01:59:27,090
If there's nothing else from up here, I would like to at least let the public comment begin for the people that have come today.

1009
01:59:28,050 --> 01:59:30,970
State your name and sign in.

1010
01:59:31,910 --> 01:59:39,470
Thank you very much for taking public comment to appreciate it is difficult to get some time off work and so thank you for making that happen.

1011
01:59:39,470 --> 01:59:41,090
And my name is Clint Pervance.

1012
01:59:41,770 --> 01:59:46,890
I'm a local physician, the healthcare system at Barton, the CEO up there.

1013
01:59:47,090 --> 01:59:49,110
I also have worked down here at Carson Valley and

1014
01:59:49,590 --> 01:59:53,910
provides some leadership down here as well for our residents in Douglas County and

1015
01:59:53,910 --> 01:59:55,770
in South Lake Tahoe and have since 1999.

1016
01:59:56,410 --> 01:59:59,970
I own at 145 Granite Springs Drive, which is two.

1017
02:00:00,000 --> 02:00:28,500
House is in one lot of way from this vacation property. I've lived in that home for 12 years. I built that home and I've lived in it for 12 years. I've lived in the Granite Springs neighborhood for over 20 years, 22 years. And all the things that you heard in the opening public comment are real to me on a regular basis. Over density traffic, trash, noise, criminal activities, fires, trespassing. There's even a legal trail which goes from behind this house crosses private property and then into Forest Service Land.

1018
02:00:28,500 --> 02:00:33,720
And those are things that we deal with with this property on a regular basis and have for

1019
02:00:33,720 --> 02:00:39,460
many years and even under the current ownership structure and rental structure, which is problematic.

1020
02:00:39,900 --> 02:00:45,660
I'm married, I have kids, four kids live at home, and that's just my story.

1021
02:00:45,840 --> 02:00:50,340
There are five other positions that live in the neighborhood, contractors, architects, musicians,

1022
02:00:51,220 --> 02:00:56,200
people who work from home, who tell a commute, other families with children.

1023
02:00:56,740 --> 02:01:00,000
Our roads are narrowed, they're icy, they're curvy, they're steep.

1024
02:01:00,580 --> 02:01:04,180
This vacation rental at one point in December had so many people in it.

1025
02:01:04,240 --> 02:01:08,500
We just inquired of the folks that were walking through the neighborhood at one point in time.

1026
02:01:08,960 --> 02:01:12,100
One of the young ladies who would talk to us, so there are 23 staying there.

1027
02:01:12,700 --> 02:01:17,800
There are more cars parked all over the roads, which does not enable snow removal and

1028
02:01:17,800 --> 02:01:18,500
makes it a challenge.

1029
02:01:18,680 --> 02:01:23,520
The roads are slippery, and so when we're out on the roads, we're always concerned traffic is an issue.

1030
02:01:23,520 --> 02:01:27,780
and certainly speeding on these curvy roads is an issue as well, so it's a safety issue.

1031
02:01:28,280 --> 02:01:32,780
But one of the things I'd love to address with you, and maybe it's good for a general comment,

1032
02:01:33,100 --> 02:01:35,060
is that our work forces are stretched.

1033
02:01:35,180 --> 02:01:39,180
My neighborhood is a working neighborhood in Tahoe, it's not a vacation home neighborhood.

1034
02:01:39,460 --> 02:01:45,740
I fully support high density vacation rentals in urban areas, and

1035
02:01:45,740 --> 02:01:50,460
I support code enforcement, I think that that's real, and I welcome the tourism to our area.

1036
02:01:50,460 --> 02:01:54,400
We build our community around that, but we need to do it responsibly.

1037
02:01:54,940 --> 02:01:56,240
But the workforce is stretched.

1038
02:01:56,360 --> 02:01:59,800
We do so much more now than we've ever done before with so much less workforce.

1039
02:01:59,820 --> 02:02:01,360
You do that down here as well.

1040
02:02:01,820 --> 02:02:06,200
When my team of physicians, health care individuals that live in the neighborhood,

1041
02:02:06,260 --> 02:02:09,320
when we get a Sunday off or a weekend off, we want to go home and rest.

1042
02:02:09,540 --> 02:02:11,660
We want to find that restoration time.

1043
02:02:11,660 --> 02:02:15,160
It's hard to do when you have large vacation runners and rentals in your neighborhood.

1044
02:02:15,720 --> 02:02:19,220
So I would just say, you know, for your workforce, please consider the impact.

1045
02:02:19,220 --> 02:02:21,120
We're here every day, we're working every day.

1046
02:02:21,340 --> 02:02:23,880
We need the rest on the weekends, we don't often get it.

1047
02:02:23,980 --> 02:02:26,260
We have security alarms, we have cameras, we have concerns.

1048
02:02:26,860 --> 02:02:30,480
We're trying to be more vocal as a community in our neighborhood to speak up for ourselves,

1049
02:02:30,480 --> 02:02:32,340
because we really want to stay.

1050
02:02:32,980 --> 02:02:36,960
And we like what we're seeing in our neighborhood, which are more folks like us that are moving in.

1051
02:02:37,320 --> 02:02:40,020
But the folks that rent in our neighborhood, they're not our families.

1052
02:02:40,420 --> 02:02:41,120
Thank you for the time.

1053
02:02:43,420 --> 02:02:44,120
Thank you, sir.

1054
02:02:45,080 --> 02:02:47,540
Any other public comment in the chambers, Ellie?

1055
02:02:47,540 --> 02:02:48,540
Ellie

1056
02:02:55,230 --> 02:02:59,590
Waller, thanks again, appreciate all the comments on the bedroom issue.

1057
02:02:59,830 --> 02:03:04,390
That's going to be something when we do the bundled or whatever we're going to call the

1058
02:03:04,390 --> 02:03:04,770
amendment.

1059
02:03:06,070 --> 02:03:13,150
I mean, this is a prevailing issue when I looked at the photographs and two of the little

1060
02:03:13,150 --> 02:03:18,870
beds that were pushed up against the wall next to a pool table.

1061
02:03:18,870 --> 02:03:28,350
Again, putting a bed in this room is important, cramming six beds to find occupancy numbers.

1062
02:03:28,670 --> 02:03:30,010
This is where we're going to struggle.

1063
02:03:30,430 --> 02:03:35,410
And again, this is going to take some while to get it ironed out.

1064
02:03:35,550 --> 02:03:38,210
And I appreciate everybody still looking at it.

1065
02:03:38,650 --> 02:03:41,030
Same as the last comments we did.

1066
02:03:41,370 --> 02:03:42,850
This is a work in progress.

1067
02:03:43,150 --> 02:03:47,110
We are still the best around Lake Tahoe.

1068
02:03:47,110 --> 02:03:52,690
I attend flasks or county, I attend Washoe County, I went to the trucky meeting this time.

1069
02:03:53,150 --> 02:03:58,090
There are some really good ideas for amendments that we haven't even looked at.

1070
02:03:58,950 --> 02:04:01,990
So I will be bringing some of those forward as well.

1071
02:04:02,490 --> 02:04:05,750
Don't know how that process is going to come about.

1072
02:04:06,230 --> 02:04:13,150
We're going to do some here first, then take it to the county manager's office and then do a whole nother board thing.

1073
02:04:13,150 --> 02:04:16,530
we don't want to stop this from going forward,

1074
02:04:16,530 --> 02:04:19,490
but I do again appreciate the diligence

1075
02:04:19,490 --> 02:04:20,810
on this bedroom thing.

1076
02:04:21,450 --> 02:04:23,630
Not against these home rentals.

1077
02:04:23,990 --> 02:04:27,070
Again, I've personal opinions about it.

1078
02:04:27,150 --> 02:04:28,950
As you've heard, I think tens enough.

1079
02:04:29,190 --> 02:04:30,070
These tier threes.

1080
02:04:31,170 --> 02:04:33,890
The last one we talked about is truly

1081
02:04:33,890 --> 02:04:36,390
the representation of a tier three.

1082
02:04:36,650 --> 02:04:37,910
Tier threes in general.

1083
02:04:38,690 --> 02:04:41,810
Again, by cram and bedrooms, does it make sense to me?

1084
02:04:41,810 --> 02:04:50,350
And then I think it should be clear to the applicant on this one that the March 23rd date was provided to them.

1085
02:04:50,350 --> 02:04:52,590
We can't just have these continue out.

1086
02:04:52,970 --> 02:04:59,970
Understand we all have circumstances in our lives that an individual date might be a problem, but we need to make sure

1087
02:05:00,000 --> 02:05:03,260
That doesn't get carried out too long as well. Thank you.

1088
02:05:05,540 --> 02:05:15,620
Thank you. Any other comments from the Chambers? Any in Zoom? Thank you, Madam Chair. I do have five on Zoom that would like to make public comment.

1089
02:05:19,000 --> 02:05:27,900
Mr. Harmon, if you can hear me, please state your name in full, and your three minutes will begin. Hello, this has been Harmon from the state line about speaking to this agenda.

1090
02:05:27,900 --> 02:05:30,980
and I don't remember three application for tier 3 VHR

1091
02:05:30,980 --> 02:05:32,580
in one 53-go and that springs.

1092
02:05:33,160 --> 02:05:35,340
I want to thank your board very much for allowing us

1093
02:05:35,340 --> 02:05:37,620
to speak, really appreciate it.

1094
02:05:38,420 --> 02:05:40,060
I've spoken to the Douglas County Commission

1095
02:05:40,060 --> 02:05:42,040
for several occasions during the crafting

1096
02:05:42,040 --> 02:05:44,620
of the VHR regulations over the last couple of years.

1097
02:05:45,500 --> 02:05:48,340
Granting a tier 3 permit that granted springs property

1098
02:05:48,340 --> 02:05:50,180
would go against everything that we've been trying

1099
02:05:50,180 --> 02:05:50,760
to accomplish.

1100
02:05:51,220 --> 02:05:53,280
This is a purely commercial operation

1101
02:05:53,280 --> 02:05:55,740
located in the heart of a residential neighborhood

1102
02:05:55,740 --> 02:05:58,880
but be close proximity to the homes of full-time residents,

1103
02:05:59,300 --> 02:06:00,160
some with young children.

1104
02:06:00,900 --> 02:06:03,620
This property already has a significant impact on the neighborhood.

1105
02:06:04,320 --> 02:06:05,940
Bars is an otherwise quiet neighborhood

1106
02:06:05,940 --> 02:06:09,900
accessed by a loop road with no-through public traffic.

1107
02:06:10,460 --> 02:06:12,500
Vehicular access to this property impacts

1108
02:06:12,500 --> 02:06:14,880
entire neighborhood as it is located

1109
02:06:14,880 --> 02:06:16,060
in the center of the loop.

1110
02:06:16,800 --> 02:06:19,520
This house occupies an elevated position

1111
02:06:19,520 --> 02:06:21,480
where the deck and sound carries very far.

1112
02:06:21,960 --> 02:06:24,420
I live almost one and a half blocks from this property

1113
02:06:24,420 --> 02:06:27,560
and I've been disturbed by noise from the property and several occasions.

1114
02:06:28,100 --> 02:06:32,000
I've chosen not to walk past the house and occupy by large groups of people drinking.

1115
02:06:32,480 --> 02:06:36,000
I cannot imagine what it must be like for those that live closer.

1116
02:06:37,180 --> 02:06:42,260
A previous speaker made a generic argument in paper of education rentals referring to the economic importance.

1117
02:06:42,900 --> 02:06:46,680
I agree with the speaker commercial rental income is important for tax revenue.

1118
02:06:47,260 --> 02:06:52,120
We can accomplish this however without locating commercial operations in residential neighborhoods.

1119
02:06:52,760 --> 02:06:57,820
Another earlier speaker stated that remote property owners are able to screen tenants and

1120
02:06:57,820 --> 02:06:58,940
ensure good actors.

1121
02:06:59,880 --> 02:07:04,320
With the exception of Tier 1 VHRs, I believe this is a partially asked portable assertion.

1122
02:07:04,740 --> 02:07:09,080
My mother and I live at two separate houses, both in lower Kingsburg.

1123
02:07:09,820 --> 02:07:15,040
Between us, we live in a hearing distance of six VHRs, and every one of them has had inconsiderate

1124
02:07:15,040 --> 02:07:16,360
tenants on multiple occasions.

1125
02:07:17,100 --> 02:07:19,960
The property of 153 granite springs is one of those.

1126
02:07:19,960 --> 02:07:24,560
It has already been demonstrated that the corporation that owns its property is incapable

1127
02:07:24,980 --> 02:07:28,940
or unwilling to ensure that the tenants treat our neighborhood with consideration.

1128
02:07:29,800 --> 02:07:35,420
The fact that they are still advertising a 20-person occupancy tells us what degree respect

1129
02:07:35,420 --> 02:07:37,660
they hold for official agencies and regulations.

1130
02:07:38,320 --> 02:07:42,740
It isn't hard to extrapolate how much respect they have for those of us that do not carry

1131
02:07:42,740 --> 02:07:43,500
the weight of the law.

1132
02:07:43,500 --> 02:07:48,680
granting this commercial business a permit to continue the impact of let's

1133
02:07:48,680 --> 02:07:53,220
call it what it is. A multi-occupied motel in a quiet neighborhood would be a

1134
02:07:53,220 --> 02:07:58,280
very sad outcome. After two years of public county and task force effort to

1135
02:07:58,280 --> 02:08:03,000
improve life for residents like us. 30 seconds. Thank you. Thank

1136
02:08:09,240 --> 02:08:11,280
you Mr. Harmon next.

1137
02:08:14,980 --> 02:08:18,180
Shavon if you can hear me please state your name and full and your three

1138
02:08:18,180 --> 02:08:22,620
minutes will begin. Good afternoon my name is Dr. Shavon

1139
02:08:22,620 --> 02:08:25,620
On Heracle, I am the owner of one place, this is Granite Springs.

1140
02:08:26,600 --> 02:08:32,280
I was the former owner at 112 Meadow Drive and I have lived in the Granite Springs neighborhood

1141
02:08:32,280 --> 02:08:33,520
for more than eight years.

1142
02:08:34,380 --> 02:08:37,320
I strongly object to this application.

1143
02:08:38,140 --> 02:08:45,580
I echo the comments and sentiments from my neighbor, Dr. Clint Pervance and Ben Harmon and

1144
02:08:45,580 --> 02:08:47,480
the other opening comments.

1145
02:08:48,380 --> 02:08:51,700
The worst part of living in Tahoe is the vacation rentals.

1146
02:08:51,700 --> 02:08:58,400
They are allowed, they are extremely disruptive to our way of life.

1147
02:08:58,800 --> 02:09:06,700
There are six physicians who live within 350 feet of this home, and it is an absolute

1148
02:09:06,700 --> 02:09:11,320
nightmare to have a vacation rental like this in our quiet peaceful neighborhood.

1149
02:09:11,980 --> 02:09:18,560
This house is located on a curb, up a hill on a narrow road, and noise from these vacation

1150
02:09:18,560 --> 02:09:26,680
Reynolds travels very far at least a block and a half. I would like to also state that

1151
02:09:26,680 --> 02:09:34,340
the CCNRs for the Granite Springs Neighborhood, which was formed in 1979, Article 5, Section

1152
02:09:34,340 --> 02:09:41,140
14, specifically states that no commercial building or multiple family dwellings shall

1153
02:09:41,140 --> 02:09:47,720
be permitted. So we did not choose to live in a hotel corridor. And this is happening

1154
02:09:47,720 --> 02:09:54,420
and it has to stop. We need this board to stand up for our neighborhood and the full-time

1155
02:09:54,420 --> 02:09:57,840
residents who live here and to put into this madness. Thank you.

1156
02:10:00,530 --> 02:10:10,830
Thank you. Thank you. David, if you can hear me, please state your name and your three minutes will begin.

1157
02:10:13,650 --> 02:10:28,950
Good afternoon. I'm David Brock. I'm the sole owner and full-time resident of 1-18 Delissa Court, which is the closest property to 153 Granite Springs and directly across the driveway from the property under consideration.

1158
02:10:29,870 --> 02:10:34,150
I bought this house in 2001, so I've lived here for more than 20 years.

1159
02:10:35,070 --> 02:10:39,670
I'm a musician and I'm self-employed and I work out of my house.

1160
02:10:41,210 --> 02:10:48,250
In most recent several years my neighbors and I have been impacted negatively by the

1161
02:10:48,250 --> 02:10:54,690
vacation and home rentals, and particular this property, you know, essentially in effect

1162
02:10:54,690 --> 02:11:00,790
the conversion of a single residence into a commercial property has had negative consequences for us.

1163
02:11:02,010 --> 02:11:11,930
I can just personally witness to the impact of having 8, 10, 12 cars parked on the street

1164
02:11:12,890 --> 02:11:21,870
to a lot of well meant, but noisy gatherings both inside and outside the house,

1165
02:11:21,870 --> 02:11:29,550
cigarette butts in my garden, my irrigation system near the curb of the road I

1166
02:11:29,550 --> 02:11:35,330
have to repair regularly because it gets parked on and driven on. Then there's

1167
02:11:36,070 --> 02:11:44,290
dog excrement that gets left as a little parting gift. And also the issue about

1168
02:11:44,290 --> 02:11:50,870
sound and noise is rather substantial. Particularly for those of you who do not

1169
02:11:50,870 --> 02:11:55,850
live up at the lake, it's important to remind you that most of the houses in our neighborhood

1170
02:11:55,850 --> 02:12:03,270
do not have air conditioning. Mine does, along with a filtration system, and that's primarily

1171
02:12:03,270 --> 02:12:08,230
to protect my allergies and also musical instruments. But most of the houses do not.

1172
02:12:09,030 --> 02:12:13,830
And the vacation rental does not have air conditioning last time that I visited.

1173
02:12:14,630 --> 02:12:19,310
And as such, the windows are open a lot, particularly in the warmer months.

1174
02:12:19,310 --> 02:12:25,810
And so, even if there's gatherings indoors, the ambient sound permeates the entire neighborhood.

1175
02:12:26,310 --> 02:12:33,550
And because it's being used commercially primarily, I mean there are family reunions that happen,

1176
02:12:33,650 --> 02:12:37,030
but for every one of those there's also a bachelor or a bachelor at party.

1177
02:12:38,950 --> 02:12:44,570
And the noise every week is substantial and continuing.

1178
02:12:44,570 --> 02:12:47,790
And it was not this way when I bought my house.

1179
02:12:48,510 --> 02:12:57,210
It was originally occupied by Mickey and Sarah Thomas of Jefferson Starship and it was

1180
02:12:57,210 --> 02:13:03,830
originally owned by one family and it's been converted in such time into higher density

1181
02:13:03,830 --> 02:13:05,090
and very active use.

1182
02:13:05,430 --> 02:13:13,150
I'd like to recommend against having a tier 3 approved for permanent use.

1183
02:13:13,150 --> 02:13:14,550
Thank you for your time.

1184
02:13:16,740 --> 02:13:18,600
Thank you, Ms. Damien.

1185
02:13:21,180 --> 02:13:24,640
Martin, if you can hear me, please state your name and full and your three minutes will begin.

1186
02:13:25,920 --> 02:13:28,000
Hello, this is Martin Cercio.

1187
02:13:28,680 --> 02:13:38,280
I live at 152 Granite Springs Drive, so right next door to David Brock and diagonally across the street from the property in question.

1188
02:13:38,840 --> 02:13:45,020
I work from home after finishing law school and my parents who are both dentists live at home

1189
02:13:45,020 --> 02:13:49,420
and our full-time residence, we've been in the house since 1991.

1190
02:13:51,140 --> 02:13:57,020
That being said, very interesting, Dr. Chvalov, I pronounce your name correctly.

1191
02:13:57,520 --> 02:14:02,920
We were unaware of any CCNRs for this neighborhood because it's not an HOA at this point,

1192
02:14:03,020 --> 02:14:05,080
but that's good to know maybe there's something there.

1193
02:14:06,020 --> 02:14:11,400
I think as more of a note, considering this property and any properties that we want to think

1194
02:14:11,400 --> 02:14:15,000
about in Tier 3, that's only above 10 occupants.

1195
02:14:15,000 --> 02:14:20,880
So as much as some of us want to delve really deep into the number of bedrooms, 14 versus

1196
02:14:20,880 --> 02:14:27,380
18, it's either a number of occupants, they're still the matter of the certification and

1197
02:14:27,380 --> 02:14:32,360
tier being based off of number of occupants, not number of bedrooms.

1198
02:14:32,840 --> 02:14:37,420
If they converted the entire thing into one giant bedroom, it could be one bedroom sleeping

1199
02:14:37,420 --> 02:14:37,920
20.

1200
02:14:38,940 --> 02:14:40,060
Focus on that.

1201
02:14:40,060 --> 02:14:46,580
As far as the noise complaints in this area, there are other rental houses, not particularly

1202
02:14:46,580 --> 02:14:49,060
this property that I hear more volume from.

1203
02:14:49,440 --> 02:14:51,320
I work at home, so I am hearing it.

1204
02:14:51,360 --> 02:14:53,480
I'm sure David's next door listening as well.

1205
02:14:54,640 --> 02:14:59,060
The parking, as far as the parking in this area, it is very true.

1206
02:14:59,060 --> 02:14:59,900
it does have an in.

1207
02:15:00,000 --> 02:15:26,860
That's not something on its own that should warrant a permit not being granted. You can grant a permit for this resident's condition on a maximum number of four cars, two being in the garage and two being in the driveway. You can say no street parking allowed for this permit and that would take care of the parking issue. You can have the outdoor audibles to be able to take care of noise differences.

1208
02:15:26,860 --> 02:15:45,160
It can be on a time period because I know for ourself, we're on our back deck and we can hear all sorts of other properties all around, never once have we had to call and call in the noise complaint, never once have I been kept awake at night.

1209
02:15:45,540 --> 02:15:53,380
I will say it is with complete merit that all of us would like to be able to freely roam our neighborhood without

1210
02:15:54,500 --> 02:16:00,780
You know, alcoholism and excessive volume and all these other things, but we do live in

1211
02:16:00,780 --> 02:16:04,120
a tourist town that is the main driver of our community.

1212
02:16:04,560 --> 02:16:13,360
And so I think we need to consider what we can do to make this property mix and gel with

1213
02:16:13,360 --> 02:16:18,460
our area rather than simply getting rid of it.

1214
02:16:18,460 --> 02:16:23,260
I would know that for a house this size to find somebody to be able to buy it and use

1215
02:16:23,260 --> 02:16:29,480
the property is going to be very difficult as it is, I think, that our community benefits

1216
02:16:29,480 --> 02:16:31,560
more from renting it.

1217
02:16:34,320 --> 02:16:35,200
Thank you.

1218
02:16:38,160 --> 02:16:38,720
Mr. David?

1219
02:16:38,940 --> 02:16:42,420
Peter, if you can hear me, please state your name and full in your three minutes will begin.

1220
02:16:48,820 --> 02:16:50,180
My name is Dr. Peter Proto.

1221
02:16:50,480 --> 02:16:54,420
I live at one or four-minute drive, the base of Grants Springs Drive and the Grants Springs

1222
02:16:54,420 --> 02:16:54,900
Neighborhood.

1223
02:16:56,620 --> 02:16:57,600
I'll keep it short.

1224
02:16:57,860 --> 02:17:04,360
I echo all the sentiments of my neighbors who are against increasing the tier of this

1225
02:17:04,360 --> 02:17:04,700
home.

1226
02:17:04,980 --> 02:17:06,340
This home is very problematic.

1227
02:17:07,220 --> 02:17:12,680
In addition to what's already been stated, these cars drive very fast down, that'll drive

1228
02:17:12,680 --> 02:17:17,780
to get the granite springs, often pass granite springs and go to the zooming past towards the

1229
02:17:17,780 --> 02:17:21,460
forest which is an area the young kids have been able to play in because there are no cars

1230
02:17:21,460 --> 02:17:26,280
there. It was called the sack where there's just one other house. In addition to what has

1231
02:17:26,280 --> 02:17:31,120
been said yet, this house greatly affects the forest behind the house. I often pick up broken

1232
02:17:31,120 --> 02:17:38,760
pieces of sleds from the family that occupies that house every single week.

1233
02:17:40,920 --> 02:17:41,960
And the parking is really

1234
02:17:41,960 --> 02:17:46,780
the biggest issue as well as the noise. I just don't think our neighborhood is the neighborhood to

1235
02:17:46,780 --> 02:17:49,120
have these giant vacation rentals. Thank you.

1236
02:17:52,130 --> 02:17:53,270
Thank you, Ms. Damien.

1237
02:17:56,190 --> 02:17:59,450
Peter, if you can hear me, please state your name and full in your three minutes.

1238
02:18:07,060 --> 02:18:07,680
Did you hear me?

1239
02:18:09,860 --> 02:18:13,140
I'm sorry. I meant Phil. Phil, if you can hear me, please state

1240
02:18:13,140 --> 02:18:16,280
your name and full in your three minutes will begin. Phil,

1241
02:18:29,250 --> 02:18:30,570
can you hear me? If you

1242
02:18:30,570 --> 02:18:33,810
can hear me, please state your name and full and your three minutes will begin.

1243
02:18:33,810 --> 02:18:34,910
Yeah,

1244
02:18:43,230 --> 02:18:52,090
sorry. I'm sorry. Can you hear me now? We can. Thank you. Okay. So, sorry, I guess I had technical difficulties.

1245
02:18:53,010 --> 02:19:04,890
Fill all of Erie, 150 Granite Springs Drive. I live one house down and across the street from 153 and I am a full-time resident.

1246
02:19:06,470 --> 02:19:12,430
Historically, in my six years here as a resident, 1.5.3 has been very disruptive to our neighborhood,

1247
02:19:12,930 --> 02:19:18,950
with increased traffic speeding up and down Green Springs Drive during both summer and winter months,

1248
02:19:19,750 --> 02:19:24,410
including noise violations, parking violations, and garbage disposal violations.

1249
02:19:25,290 --> 02:19:31,890
Traffic increases not only include the supposed six cars they are allowed, but also numerous visitors

1250
02:19:31,890 --> 02:19:36,450
that come and go to visit the occupants, and many times stay overnight.

1251
02:19:37,910 --> 02:19:42,810
Noise in that large amounts of renters are on the back deck during the summer, and their

1252
02:19:42,810 --> 02:19:46,370
voices can be heard up and down, grand and springs, and metal stride.

1253
02:19:47,210 --> 02:19:54,290
In fact, this past winter, a few weeks ago, they had a slide racing contest where they hooked

1254
02:19:54,290 --> 02:19:59,970
up a boom box and a megaphone to announce what was going on.

1255
02:20:00,000 --> 02:20:29,980
On with the sled races, which was something that we as neighbors did not appreciate to listen to, for the long hours of the afternoon and into the evening. Garbage disposal issues, which included the cleaning company leaving multiple bags of garbage on the street while they clean, which attracts bears, and that causes very much commotion in the neighborhood. They recently installed a bear box, but it is not used consistently. As residents use the garbage,

1256
02:20:29,980 --> 02:20:36,060
garbage for garbage storage and the cleaning company just leaves the bags on the street

1257
02:20:36,060 --> 02:20:39,420
until they're good and ready to load them in their truck and take them off.

1258
02:20:40,440 --> 02:20:46,900
We've had parking and that they have a blatant disregard for VHR parking rules as exhibited

1259
02:20:46,900 --> 02:20:53,640
over the past few nights and days here, even during snow events, when plows have a problem

1260
02:20:53,640 --> 02:21:01,300
getting up and down the street with these multiple cars we had called the DCSO past few nights in

1261
02:21:01,300 --> 02:21:06,240
order to get them to get these cars to move and we thank them at least for responding.

1262
02:21:07,420 --> 02:21:14,120
The above is caused the full-time residents of Granite Springs much angst and it should not be up

1263
02:21:14,120 --> 02:21:21,200
to the full-time residents to police these issues but the occupant renters and the county regulations

1264
02:21:21,200 --> 02:21:23,400
unfortunately leave us no choice.

1265
02:21:24,900 --> 02:21:33,040
In terms of the applicant, it certainly seems that the board is willing to give the applicant a lot of latitude.

1266
02:21:33,880 --> 02:21:37,960
I want to ask, why isn't there a property manager?

1267
02:21:38,760 --> 02:21:43,560
How are they able to rent and be a VHR without a property manager?

1268
02:21:44,820 --> 02:21:48,340
And why hasn't the property been advertised correctly?

1269
02:21:48,340 --> 02:21:49,340
So,

1270
02:21:55,090 --> 02:22:02,920
I would say in closing, if you will, it is for these reasons and others mentioned

1271
02:22:03,320 --> 02:22:11,600
by Grandest Springs neighbors that I recommended a denial of the Tier 3 application and a deep

1272
02:22:11,600 --> 02:22:19,500
down review of the current Tier 2 status that they enjoy due to the ongoing violations mentioned

1273
02:22:19,500 --> 02:22:19,880
above.

1274
02:22:19,880 --> 02:22:21,780
Thank you for your time.

1275
02:22:22,840 --> 02:22:23,560
I'm through.

1276
02:22:25,140 --> 02:22:26,040
Thank you.

1277
02:22:27,950 --> 02:22:31,390
Madam Chair, I have two callers that only to ask if they have public comment.

1278
02:22:34,220 --> 02:22:39,900
Collar of the last four digits, 7600, did you want to make public comment on this item?

1279
02:23:00,160 --> 02:23:06,340
Collar with last four digits of 3091, did you want to make public comment on this item?

1280
02:23:31,480 --> 02:23:33,300
Is there any more public comment?

1281
02:23:34,220 --> 02:23:41,380
there is no further public comment madam chair thank you all

1282
02:23:45,090 --> 02:23:47,670
right keeping in

1283
02:23:47,670 --> 02:23:53,690
mind that the owner permanent holder is not here and we've gotten a lot of

1284
02:23:53,690 --> 02:24:04,650
feedback from residents I believe our next step is to defer voting on this until

1285
02:24:04,650 --> 02:24:12,810
our next meeting, which is March 23rd, is this someone want to make a motion?

1286
02:24:14,900 --> 02:24:20,160
Madam Chair, I move we defer this agenda item to March 23rd, and

1287
02:24:20,160 --> 02:24:26,600
that all of us consider all of the information provided by the public at that time.

1288
02:24:27,740 --> 02:24:28,540
Mr. Taylor?

1289
02:24:28,900 --> 02:24:31,880
Yes, Madam Chair, same to you with Doug's County DAs.

1290
02:24:31,880 --> 02:24:40,600
It's important whenever you're deferring the matter, you have the date, time, and location specified in the motion,

1291
02:24:43,060 --> 02:24:44,060
then I will draw my motion.

1292
02:24:44,060 --> 02:24:44,960
Okay,

1293
02:24:50,180 --> 02:24:59,720
Patty graph for the record since I will not be here for next meeting.

1294
02:25:00,000 --> 02:25:12,520
I would like to have my comments of what I've heard from the public noted and so that you can review it for next month's meeting. Is that permissible?

1295
02:25:14,820 --> 02:25:29,940
Okay. I have a lot of reservations about this property with the tier three, especially since they had November to get a property manager and they haven't. It kind of seems to me like they're stringing out

1296
02:25:29,940 --> 02:25:36,340
the process, they haven't, you know, adjusted their advertising, it seems like they're trying

1297
02:25:36,340 --> 02:25:42,680
to get away with a lot of things. And even postponing the meeting, I think there's a lot

1298
02:25:42,680 --> 02:25:51,560
of issues that the public have brought out that barring something from the owners.

1299
02:25:59,220 --> 02:25:59,920
I have

1300
02:26:00,580 --> 02:26:08,000
I will make a motion that we defer this item until our meeting on March 23rd in these

1301
02:26:08,000 --> 02:26:10,260
chambers at 1 p.m.

1302
02:26:12,420 --> 02:26:13,060
2022.

1303
02:26:14,940 --> 02:26:22,840
With the caveat that we send or somehow communicate to the owner that it is highly advisable

1304
02:26:22,840 --> 02:26:29,080
that he listens to this part of this proceeding because I think it is very enlightening and probably

1305
02:26:29,080 --> 02:26:34,920
probably points to a lot of things that are going to be talked about when he does come.

1306
02:26:35,400 --> 02:26:37,840
Those are any of the other stipulation I needed to add to that motion.

1307
02:26:40,360 --> 02:26:41,200
Do I have a second?

1308
02:26:41,780 --> 02:26:42,100
My second.

1309
02:26:44,130 --> 02:26:51,310
Okay, we have a motion on the floor to defer this decision to the March 23rd 1 p.m.

1310
02:26:51,490 --> 02:26:53,530
meeting at the courthouse.

1311
02:26:54,350 --> 02:26:55,050
Madam Chair.

1312
02:26:55,650 --> 02:26:56,410
Madam Chair.

1313
02:26:56,930 --> 02:27:00,010
Are we sure that that meeting is going to be held here because I don't know we've been

1314
02:27:00,010 --> 02:27:02,030
and then to negotiations to hold it at the lake.

1315
02:27:03,150 --> 02:27:06,470
So, I just want to make sure that that might be something-

1316
02:27:06,470 --> 02:27:06,810
So that's on me.

1317
02:27:07,890 --> 02:27:08,010
Oh.

1318
02:27:11,920 --> 02:27:12,200
Wow.

1319
02:27:12,320 --> 02:27:12,500
Jennifer.

1320
02:27:14,850 --> 02:27:15,670
So-

1321
02:27:20,090 --> 02:27:25,190
Madam Chair, if I may, I will take this opportunity to advise the board that we are working

1322
02:27:25,190 --> 02:27:30,290
with Tahoe Douglas Fire District, Fire Protection District to secure some meeting spaces at the

1323
02:27:30,290 --> 02:27:30,530
lake.

1324
02:27:31,210 --> 02:27:36,070
Based on the requirement that you, if you are to continue this item to a location certain,

1325
02:27:36,790 --> 02:27:40,910
because I am not 100% confident that we can make that meeting space happen.

1326
02:27:41,010 --> 02:27:45,510
My recommendation is that you set that for these chambers for a location certain.

1327
02:27:51,450 --> 02:27:52,170
Thank you, Ms. Davidson.

1328
02:27:53,590 --> 02:28:03,530
So we have a motion and a second to defer the vote to March 23rd at 1 p.m.

1329
02:28:03,910 --> 02:28:06,450
in this same location.

1330
02:28:10,110 --> 02:28:15,370
Any further discussion? All those in favor? Signify by saying aye.

1331
02:28:15,650 --> 02:28:15,870
Aye.

1332
02:28:18,340 --> 02:28:20,560
5-0. Thank you.

1333
02:28:22,700 --> 02:28:25,540
I think at this time we might want to take a little break.

1334
02:28:26,020 --> 02:28:29,080
And I apologize to those of you that have been waiting for the next item.

1335
02:28:29,720 --> 02:28:32,900
But we'll make it quick ten, fifteen minutes, something like that.

1336
02:28:35,830 --> 02:28:36,370
Ten.

1337
02:28:36,770 --> 02:28:37,090
Ten.

1338
02:28:37,310 --> 02:28:39,670
Ten minutes. Okay. Ten minutes.

1339
02:28:39,670 --> 02:28:41,570
Recording in progress.

1340
02:28:42,250 --> 02:28:43,570
Recording stopped.

1341
02:39:07,860 --> 02:39:09,120
Recording in progress.

1342
02:39:15,270 --> 02:39:21,250
I'd like to bring the meeting back to order, please. We are on item number four.

1343
02:39:23,430 --> 02:39:44,150
All of our members are back seated for possible action, discussion on an application to obtain a tier three vacation home rental special use permit. The subject application is for an eight bedroom home, 16 person occupancy located at 342 Marianne Drive, Zephyr Cove, Nevada.

1344
02:39:44,150 --> 02:39:59,910
The owner is Tom Todd Lesser, 342, Marianne LLC, who currently has a Douglas County issued VHR permit, account number 0840752.

1345
02:40:01,390 --> 02:40:07,950
8 p.n., 1319, 18, 413, 003, Mr. Delayer.

1346
02:40:12,460 --> 02:40:32,580
Thank you. Tom Delayer for the record. Commute development director. And, yeah, so this one, we did have some confusion with the bedroom or the number of bedrooms on it. We last minute changed the change just the staff report on this to show that it was a seven bedroom. We put those in parentheses.

1347
02:40:32,580 --> 02:40:39,700
and it is my understanding in discussions with staff discussions with Mr.

1348
02:40:39,980 --> 02:40:48,760
Givan, the, or Chief Givan, the fire department, the home had a room locked

1349
02:40:48,760 --> 02:40:53,660
off at one point. So the last permit had seven. They do have eight and they weren't

1350
02:40:53,660 --> 02:41:00,360
locking off the room to tenants. And so this is supposed to be looked at as an

1351
02:41:00,360 --> 02:41:05,000
8-bedroom home, 16-person occupancy is what they're asking for.

1352
02:41:05,320 --> 02:41:11,240
I think that's verified on the application as well, but we did have two conflicting reports.

1353
02:41:11,440 --> 02:41:17,780
We did show the other report that was, that was the inspection was performed by Chief Gaveon.

1354
02:41:18,440 --> 02:41:25,520
And it shows that it was an 8-bedroom home and that's where the confusion came from as far as staff goes.

1355
02:41:25,520 --> 02:41:36,060
And then if you look at the one sheet we do have the insurance, well so first let's do

1356
02:41:36,060 --> 02:41:36,520
the complaints.

1357
02:41:36,940 --> 02:41:43,740
So staff has checked the prior history of 342 Marianne and are in our citizen served

1358
02:41:43,740 --> 02:41:50,960
database and we don't see any complaints there and the sheriff's office or the emergency 911

1359
02:41:50,960 --> 02:41:55,400
and one dispatch office didn't show any complaints reported in the past 12 months.

1360
02:41:55,920 --> 02:42:00,840
So, again, you know, the line for

1361
02:42:00,840 --> 02:42:09,580
code enforcement is available for people to use so we can actually log whether it's a good complaint or a invalid complaint either way.

1362
02:42:09,720 --> 02:42:11,780
We still log it and monitor those.

1363
02:42:12,580 --> 02:42:13,960
That's our practice today.

1364
02:42:13,960 --> 02:42:18,280
Does have state farm insurance, the liability, I coverage amount is a million dollars.

1365
02:42:18,980 --> 02:42:27,120
Again, they're asking for a total of eight bedrooms with an occupancy of 16 is stated in the agenda item.

1366
02:42:27,740 --> 02:42:32,620
They have a three-can bear box, weekly trash service through South Tahoe Refuge.

1367
02:42:33,660 --> 02:42:42,560
And the adjacent neighboring home is 80 feet away, 151 feet away, and 213 feet away if you look at that.

1368
02:42:44,800 --> 02:42:50,580
That image, again, these parcels, the Jason parcels, and I believe that one is never

1369
02:42:50,580 --> 02:42:51,040
never.

1370
02:42:51,620 --> 02:42:57,760
I want to say that one was US Forest Service owned on this particular piece that is vacant

1371
02:42:57,760 --> 02:42:58,180
today.

1372
02:42:59,000 --> 02:43:05,640
And the one above the house that's vacant is above the subject house.

1373
02:43:05,840 --> 02:43:08,240
There's one more home just above is about 80 feet away.

1374
02:43:08,680 --> 02:43:13,680
And then above that, that parcel is, I believe, US Forest Service owned as well.

1375
02:43:13,680 --> 02:43:21,280
But other than that, if you have any questions, I'm available to respond.

1376
02:43:22,000 --> 02:43:23,320
Thank you, Mr. Delayer.

1377
02:43:23,500 --> 02:43:28,540
Anybody have questions for the Fire Marshal or for Mr. Delayer?

1378
02:43:29,560 --> 02:43:29,680
Okay.

1379
02:43:29,940 --> 02:43:31,480
I do for Mr. Delayer.

1380
02:43:32,340 --> 02:43:41,020
The property that is across the street is that all force because it doesn't seem like there's individual parcels.

1381
02:43:41,020 --> 02:43:57,360
and then also down below, pass those other homes that are 80 feet and on the other street is that it looks open land right now that I'm just wondering if that's private or public.

1382
02:43:58,700 --> 02:44:07,400
Ms. Graff, if I may, chairwoman, Tom Delair for the record, that is my understanding that

1383
02:44:07,400 --> 02:44:12,740
is an individual home residence on that piece of property and they must have brought up

1384
02:44:12,740 --> 02:44:16,980
the whole block years ago and they turned it into just one parcel.

1385
02:44:20,920 --> 02:44:22,020
Any other questions?

1386
02:44:22,880 --> 02:44:23,100
I have it.

1387
02:44:23,460 --> 02:44:29,520
Just to follow along, would that have been noticed, would that landowner because there's

1388
02:44:29,520 --> 02:44:33,240
of house with that landowner have received the same letters if there was a home there.

1389
02:44:33,620 --> 02:44:37,580
No, I think there is a home there. It's just off the screen. It's up above. Yeah,

1390
02:44:37,800 --> 02:44:41,920
it's a larger parcel. It's around that whole block. They've bought up all the line behind

1391
02:44:41,920 --> 02:44:43,320
and around them.

1392
02:44:45,620 --> 02:44:50,880
What about on the on the driveway side on Marianne Drive all that property over there?

1393
02:44:53,580 --> 02:44:57,200
Okay, so that one I believe is US Forest Service. Yeah.

1394
02:45:01,360 --> 02:45:31,300
Anybody? Lauren? It's page page. I'm just looking at the diagram with the distances between the homes and stuff. And as I was looking at the, you look at the car in the driveway and the acceptable parking is two in the garage and then four outside. And if I look at that and I tried to take that car and put one behind it, I'm just, I'm just not sure I wasn't sure if that. And maybe that

1395
02:45:31,300 --> 02:45:39,080
the car isn't moved up against the garage as well, but I was just curious on the dimensions

1396
02:45:39,080 --> 02:45:42,180
are known and the dimensions were acceptable, is that, which are?

1397
02:45:43,520 --> 02:45:51,060
Yeah, they don't show the dimensions on their plan, but it appears that they have, you

1398
02:45:51,060 --> 02:46:02,880
know, 40 feet is what you need to have for parking stall back to back so that they're from

1399
02:46:02,880 --> 02:46:05,060
It looks like it was close.

1400
02:46:08,340 --> 02:46:09,060
Mr. Delay is.

1401
02:46:09,060 --> 02:46:10,620
Page 171 sorry.

1402
02:46:11,180 --> 02:46:11,360
Oh, sorry.

1403
02:46:11,500 --> 02:46:12,860
Page 171.

1404
02:46:12,860 --> 02:46:15,020
Oh, is the property owner here today?

1405
02:46:16,600 --> 02:46:18,660
Madam Chair, the property owner is online.

1406
02:46:19,060 --> 02:46:19,300
OK.

1407
02:46:20,000 --> 02:46:23,200
When work, I just wanted to make sure because I had some questions for him.

1408
02:46:24,100 --> 02:46:27,820
Anybody else have any questions for Mr. Delay or Mr. Gaidon?

1409
02:46:28,940 --> 02:46:29,300
Lauren?

1410
02:46:29,680 --> 02:46:29,760
Yes.

1411
02:46:30,360 --> 02:46:32,960
There's no floor plan of the entire house.

1412
02:46:34,360 --> 02:46:38,140
There's only, and I thought we were supposed to include a complete floor plan.

1413
02:46:39,040 --> 02:46:45,900
Yeah, there was a problem with the PDF, and we do have, if you look at the supplemental that came in,

1414
02:46:47,140 --> 02:46:58,000
there is, or, it's the colored diagrams, and they were provided in the supplemental, I believe, on the 18.

1415
02:46:58,000 --> 02:47:05,490
team. I want to see the whole file. Let's see. Okay. All right. Got it. Thank you.

1416
02:47:05,510 --> 02:47:09,650
Each floor. Yeah. Okay. Sorry. Sorry. Something happened with my file.

1417
02:47:11,920 --> 02:47:14,380
It's page 32 of the supplemental.

1418
02:47:14,820 --> 02:47:15,600
Yeah. Thank you.

1419
02:47:42,170 --> 02:47:49,970
Okay. Did it was everyone able to see the floor plan? Okay. Any other question?

1420
02:47:50,250 --> 02:47:55,350
Am I reading this right that he doesn't have a property manager that he manages it himself?

1421
02:48:02,840 --> 02:48:07,280
Yeah, but I think I think he does have a property manager, it was about the distance.

1422
02:48:08,680 --> 02:48:14,120
The distance that they live from the, from the, from the unit, I think is what we're

1423
02:48:14,120 --> 02:48:16,100
having problems with on this particular one.

1424
02:48:17,500 --> 02:48:22,840
I need to, and let me, oh, look into this because I thought I had some notes on that.

1425
02:48:26,740 --> 02:48:29,780
While he rents the house, yeah, I asked for clarity on that as well.

1426
02:48:30,660 --> 02:48:35,760
And you would brought it up in your comments, too, on Friday or Thursday night.

1427
02:48:36,900 --> 02:48:42,520
And I don't know, I didn't get that reply from staff to see if we, if we've got a response to that.

1428
02:48:42,740 --> 02:48:44,960
Sam may have, I know you reached out to this individual.

1429
02:48:50,120 --> 02:48:53,500
If there aren't any more questions that aren't for the owner.

1430
02:48:55,560 --> 02:48:57,440
I do have questions, so you don't have to mean.

1431
02:48:57,540 --> 02:49:01,500
No, I want to ask questions, I mean that aren't for, I might have said that wrong.

1432
02:49:01,500 --> 02:49:08,320
If there aren't any more questions for Mr. Delay or Mr. Gavon, let's see if we can reach

1433
02:49:08,320 --> 02:49:08,620
the owner.

1434
02:49:12,200 --> 02:49:12,600
Go ahead, Patty.

1435
02:49:12,880 --> 02:49:17,380
Mr. Delayer, is on this on the property manager?

1436
02:49:17,700 --> 02:49:21,880
Is that a licensed property manager or just like a caretaker?

1437
02:49:24,280 --> 02:49:28,420
Well, we can ask the only Todd Lester is on the line.

1438
02:49:28,540 --> 02:49:33,420
We can ask him and try to explain what that situation was so it's clear.

1439
02:49:33,960 --> 02:49:43,660
I don't see, I don't see, I don't have my email, I get to open my email and see what Sam responded, I know I got a response for that and I apologize not being prepared for that answer.

1440
02:49:45,940 --> 02:49:46,900
Let's bring him on.

1441
02:49:48,880 --> 02:49:54,760
Mr. Lesser, if you can hear me, please state your name and full and the board will ask questions of you regarding this item.

1442
02:49:55,540 --> 02:49:57,380
Sure, this is Todd Lesser, can you hear me?

1443
02:49:58,180 --> 02:49:58,920
Yes, we can.

1444
02:49:59,480 --> 02:49:59,680
Okay.

1445
02:49:59,780 --> 02:49:59,880
Good.

1446
02:50:00,000 --> 02:50:29,980
I have, like, one or two minutes just to say a few things before, because I probably can answer all the board's questions that they may be happy with and not have any questions. Yes, please give us your statement and then we'll ask you questions. Okay. First of all, I just want to tell you that I have been a property owner since 1991 in the neighborhood. So for over 32 years, and I've seen SOHO change, and I've owned this property and rented it out for the vast majority of the time as an eight bet.

1447
02:50:30,600 --> 02:50:35,880
just recently I was using it this last year or part of this year for the 7th

1448
02:50:35,880 --> 02:50:39,940
bedroom because I was using that part just for some personal things. I had to

1449
02:50:39,940 --> 02:50:44,060
was doing some staging because I had put in a new roof and read it the garage

1450
02:50:44,060 --> 02:50:48,480
with a coating because I was getting a little leak there which I subsequently

1451
02:50:48,480 --> 02:50:54,400
fixed. So there is no you know I'm just gonna say the proof is in the pudding and

1452
02:50:54,400 --> 02:50:57,560
the reason why you haven't seen me on the news, the reason why I've never been

1453
02:50:57,560 --> 02:51:03,120
cited by the fire marshal the reason why I haven't been cited by the sheriff for parking or code

1454
02:51:03,120 --> 02:51:10,600
enforcement or noise or anything is because I treat this home I want to be a good neighbor and

1455
02:51:10,600 --> 02:51:17,180
I don't want my house to get trash and that's the reason why you're seeing it it's no coincidence

1456
02:51:17,180 --> 02:51:23,080
I mean I go over and beyond the regulations I don't allow anyone to park off the property I do have

1457
02:51:23,080 --> 02:51:28,340
the 40-foot clearance that picture you have is just, you know, I guess they didn't

1458
02:51:28,340 --> 02:51:32,260
park close enough to the garage, but I meet those regulations and I can show you plenty

1459
02:51:32,260 --> 02:51:40,200
of pictures. Not only do I have one of the noise monitors required, I use my newt and

1460
02:51:40,200 --> 02:51:45,540
then I also use noise aware to make sure I have backups. In addition, I have four outdoor

1461
02:51:45,540 --> 02:51:52,840
cameras that have microphones and record everything that goes on. So if anyone's speeding on

1462
02:51:52,840 --> 02:51:55,780
on Marianne, I will have a video of it.

1463
02:51:56,460 --> 02:51:58,580
If there is anyone making any noise,

1464
02:51:58,920 --> 02:52:00,020
I have a video of it.

1465
02:52:00,260 --> 02:52:04,840
If I'm so hyper-vigilant at nine o'clock,

1466
02:52:05,180 --> 02:52:08,100
I check personally, or I have my assistant check it up

1467
02:52:08,100 --> 02:52:09,440
for some reason I'm unavailable,

1468
02:52:09,840 --> 02:52:13,860
to go and make sure no one is barbecuing in the spa,

1469
02:52:14,460 --> 02:52:18,280
on the deck, or doing anything outside the property

1470
02:52:18,280 --> 02:52:19,040
because of this.

1471
02:52:19,540 --> 02:52:21,800
And like I said, I'm hyper-vigilant.

1472
02:52:21,800 --> 02:52:27,440
This is a wooded half acre property with a lot of forest service around and you still have had,

1473
02:52:27,460 --> 02:52:32,400
you know, no complaints. I don't have it. You can see the floor plan. It's not crammed in. I

1474
02:52:32,400 --> 02:52:39,800
follow the universal electrical code. Um, I've, you know, it's just on all levels. I mean, there,

1475
02:52:39,920 --> 02:52:47,320
you can read my VRBO. I mean, our Airbnb, I have five all five star ratings. I mean, I pride myself.

1476
02:52:47,320 --> 02:52:55,160
This is a pride of ownership property to make sure that the renters are happy that it's affordable for families

1477
02:52:55,160 --> 02:52:58,300
That can't afford to go, you know, if you want to have eight bedrooms

1478
02:52:58,300 --> 02:53:04,660
You want to you want to go stay at the hook at one of the hotels and rent eight rooms. Most people can't do that

1479
02:53:04,660 --> 02:53:07,260
So I I try to get small families

1480
02:53:07,260 --> 02:53:13,620
I don't rent to people under the age of 25 because I don't want frat parties or strippers or

1481
02:53:13,620 --> 02:53:19,440
bachelor parties or illegal activities. They trash the home. I mean, I know it. I've seen it.

1482
02:53:19,760 --> 02:53:25,140
I managed the property myself. Frankly, I used other property managers. They were leaving the

1483
02:53:25,140 --> 02:53:31,700
properties unlocked. They've got 300 properties to watch. I can be hyper vigilant because I do this

1484
02:53:31,700 --> 02:53:38,820
myself. But I still have backups. I have my assistant backs up. I make sure I actually have another person

1485
02:53:38,820 --> 02:53:44,820
that they are not a licensed property manager that lives close, I live there and when I'm renting

1486
02:53:44,820 --> 02:53:50,560
it out, I use my motor home and I'm within a half hour of complaints and that's why you haven't

1487
02:53:50,560 --> 02:53:58,000
seen any complaints of this. You know, I bring in $16,500 of rental tax and I know you guys look at

1488
02:53:58,000 --> 02:54:03,620
the budget. I know you don't want to cut $16,500 out of some other budget item. Not only that,

1489
02:54:03,620 --> 02:54:08,800
that it brings in revenue for, you know, the restaurants, it helps provide employment,

1490
02:54:09,220 --> 02:54:10,580
you know, for the whole area.

1491
02:54:11,180 --> 02:54:15,560
And, you know, the only person, frankly, and I'm going to be very upfront with is sometimes

1492
02:54:15,560 --> 02:54:17,180
with Mr. McIntyre.

1493
02:54:17,620 --> 02:54:22,860
Nevertheless, he has my cell phone, he has my assistant cell phone, along with everyone

1494
02:54:22,860 --> 02:54:27,360
on my neighbors, and I keep it on with me 24 hours a day.

1495
02:54:27,400 --> 02:54:33,500
But as you're aware, you know, cell phones don't always, you know, work in the area, so that's

1496
02:54:33,500 --> 02:54:37,280
why they have multiple numbers to call and I'm available.

1497
02:54:37,880 --> 02:54:40,900
And, you know, if he's stepped up something specifically,

1498
02:54:41,480 --> 02:54:44,440
give me the date and time and we can look at the,

1499
02:54:44,440 --> 02:54:48,020
you know, the cameras together even with the district attorney.

1500
02:54:48,140 --> 02:54:50,020
I'm willing to put my money where my mouth is.

1501
02:54:50,140 --> 02:54:53,920
I mean, I know he, you know, he's a nice man.

1502
02:54:54,040 --> 02:54:57,960
I know he wants Tahoe the way it was, you know, 40 years ago,

1503
02:54:57,980 --> 02:54:58,820
but it isn't.

1504
02:54:58,820 --> 02:54:59,960
I mean, as you're aware, Tahoe...

1505
02:55:00,000 --> 02:55:29,980
Those got nice serve. I mean, the village down there at state line, used to not be so nice. Well, now you have the embassy suites, you have the gondola. It's grown. You don't want this to turn into a place where people who have to stay at a hotel and rent eight bedrooms with small families. You can't do that with young kids. You need a cabin to rent too. I mean, I think that I should be the model of what you should do for vacation rentals, tier three or even tier two.

1506
02:55:30,580 --> 02:55:40,980
And I urge you to do more with enforcement, I would love for you to cite people that make a lot of noise. So Tahoe does that. I don't want people driving fast on my street.

1507
02:55:41,400 --> 02:55:48,420
I don't want to have to worry about driving in the village and get hit by a drunk driver. I've been rear-ended by a drunk driver. I'm very hypersensitive to that.

1508
02:55:48,420 --> 02:55:53,000
So yes, in my senior name, I yes you are

1509
02:55:54,320 --> 02:55:56,540
Can we ask you a couple questions?

1510
02:55:57,700 --> 02:56:04,500
Absolutely. I so you manage the property yourself. Yes, you live in Douglas County. Yes

1511
02:56:09,160 --> 02:56:13,700
I'm actually at the property when I'm not renting it out because it's you know sometimes frankly

1512
02:56:13,700 --> 02:56:15,780
I rented out as a three-bedroom with Airbnb

1513
02:56:15,780 --> 02:56:20,180
be you don't have to rent the whole house and there's four floors. So if I rent out the top layer

1514
02:56:20,180 --> 02:56:25,180
floor, I'm down below. I can hear the noise. I will walk up and say, look, you guys got to

1515
02:56:25,180 --> 02:56:31,600
keep it down. I mean, that's why I'm able to have no fire marshal complaints, no sheriff complaints,

1516
02:56:31,820 --> 02:56:38,040
no code enforcement complaints because I make sure out the whole home at times. Right. And when I do,

1517
02:56:38,320 --> 02:56:46,680
I stay within a half hour and I'm in my motor home. And I can drive straight there. And for some reason,

1518
02:56:46,680 --> 02:56:50,700
And then code and force, you know, they can, I mean, it's never been an issue for 18 years.

1519
02:56:50,820 --> 02:56:53,680
Is your legal address in Douglas County?

1520
02:56:54,280 --> 02:56:56,700
Yes, it's 342 Marianne, it's my legal address.

1521
02:57:00,070 --> 02:57:06,330
I don't get mail there, I get in Gardnerville because there's no postal delivery there, but I get packages there.

1522
02:57:06,910 --> 02:57:11,970
Yeah, right, so I'm just telling you, I get packages there, but you know it's my mailing address, isn't Gardnerville.

1523
02:57:12,070 --> 02:57:15,390
So that is your permanent address.

1524
02:57:15,910 --> 02:57:16,190
Yes.

1525
02:57:16,190 --> 02:57:16,330
Yes,

1526
02:57:18,350 --> 02:57:27,450
because the assessor's page shows your address and you're on the wrong line.

1527
02:57:28,210 --> 02:57:29,430
I think it's in San Diego.

1528
02:57:30,110 --> 02:57:35,890
Yes, I have property in San Diego and my book keepers there and all the bills get all

1529
02:57:35,890 --> 02:57:39,150
mailed to there because that's one of my offices.

1530
02:57:39,150 --> 02:57:39,830
Okay.

1531
02:57:42,970 --> 02:57:49,810
And I did that for the very reason because there was no, you know, mailing at 342

1532
02:57:49,810 --> 02:57:56,930
Marianne for the last 18 years. And I didn't bother renting, you know, a post-Abalancing

1533
02:57:56,930 --> 02:57:59,030
Gardnerville until this last year.

1534
02:57:59,310 --> 02:58:06,430
Okay. I want to make a comment to the audience real quick that when the permit holder is giving

1535
02:58:06,430 --> 02:58:11,350
in his speech testimony or whatever, we don't have a time limit on that.

1536
02:58:11,550 --> 02:58:15,990
Time limits are just for public speaking and public audiences.

1537
02:58:16,370 --> 02:58:21,190
So each, just like when the two women from the first agenda item,

1538
02:58:21,990 --> 02:58:24,650
you know, they get to have the amount of time they need.

1539
02:58:24,650 --> 02:58:29,210
And if it gets repetitive, then I will ask them that we've heard enough.

1540
02:58:29,530 --> 02:58:35,550
So now I'd like to go to the board and have questions asked of Mr. Lesser.

1541
02:58:36,550 --> 02:58:37,810
who wants to go?

1542
02:58:38,090 --> 02:58:38,350
Keith?

1543
02:58:39,230 --> 02:58:46,590
Mr. Lesser, so when you normally, when less than the full house is rented, you stay

1544
02:58:46,590 --> 02:58:47,410
at the house.

1545
02:58:47,810 --> 02:58:48,030
You said?

1546
02:58:48,770 --> 02:58:49,450
That's correct.

1547
02:58:49,670 --> 02:58:51,670
I mean sometimes I travel, obviously, but yes.

1548
02:58:53,010 --> 02:58:53,530
Okay.

1549
02:58:53,890 --> 02:59:00,370
So you do travel and sometimes, I mean, I'm not going to say I'm never there, but when I'm

1550
02:59:00,370 --> 02:59:04,750
not there, I make sure I've got the house covered or I don't frankly rent it out.

1551
02:59:04,750 --> 02:59:06,370
I mean, it just depends.

1552
02:59:06,630 --> 02:59:09,950
And you said you stay in a motor home when you do rent the entire house out if you're

1553
02:59:09,950 --> 02:59:10,550
not traveling.

1554
02:59:11,210 --> 02:59:11,330
Yeah.

1555
02:59:11,710 --> 02:59:12,410
Where do you park?

1556
02:59:12,650 --> 02:59:17,050
Where is that motor home when you're not using it and where do you park it when someone

1557
02:59:17,050 --> 02:59:18,110
has rented out the whole house?

1558
02:59:18,390 --> 02:59:23,170
You know, sometimes I drive, you know, I've got friends that live in Gardnerville.

1559
02:59:23,170 --> 02:59:26,090
I've got friends that live in Carson City and I can park in their driveway.

1560
02:59:26,450 --> 02:59:29,410
I've got friends that even live farther out in El Dorado Hills.

1561
02:59:29,750 --> 02:59:33,670
You know, like I said, for, you know, I've been there 31 years, I have a lot of people and

1562
02:59:33,670 --> 02:59:37,790
I'm just, you know, it's rarely as it fully rented out,

1563
02:59:37,950 --> 02:59:40,070
but you know, like during the holiday times it is,

1564
02:59:40,310 --> 02:59:41,710
and it just depends.

1565
02:59:42,410 --> 02:59:43,750
And so you live in their driveway,

1566
02:59:43,970 --> 02:59:44,450
your friends drive?

1567
02:59:44,450 --> 02:59:46,050
Yeah, pretty much.

1568
02:59:47,030 --> 02:59:47,430
Okay,

1569
02:59:51,680 --> 02:59:52,180
let's go ahead.

1570
02:59:55,920 --> 02:59:57,740
Michael, how do you do up any questions?

1571
03:00:00,000 --> 03:00:29,900
Lauren? I do. When I look at the assessor's office, assessor's page, you have your zone for a one dwelling unit. And on Section E1, a separate permit is required for each vacation home rental. A permit may only be issued to the owners of the unit permits are limited to one per family. VHR permits are limited to the allowable per

1572
03:00:29,900 --> 03:00:38,440
the property zoning designation which is one building. So my understanding of what was adopted

1573
03:00:38,440 --> 03:00:47,100
in code was that you have one dwelling. That one dwelling can either be a VHR or it can be your own

1574
03:00:47,100 --> 03:00:55,380
personal place where you live or can be empty but it can't be two things at the same time.

1575
03:00:56,220 --> 03:00:58,180
Is my understanding of that section?

1576
03:00:59,160 --> 03:01:01,720
I mean, I would defer to the district attorney.

1577
03:01:01,860 --> 03:01:03,080
I disagree with your reading.

1578
03:01:03,180 --> 03:01:04,300
I think it's one dwelling.

1579
03:01:05,380 --> 03:01:08,420
I still think it meets all the code requirements for that.

1580
03:01:08,800 --> 03:01:11,780
But with Airbnb, you can rent out just the specific room

1581
03:01:11,780 --> 03:01:13,440
and I don't think that violates anything

1582
03:01:13,440 --> 03:01:14,920
and zoning or any of the rules.

1583
03:01:15,440 --> 03:01:18,680
And if I'm wrong, then every day I rent it out.

1584
03:01:18,720 --> 03:01:19,860
I'll just be in my motorhome.

1585
03:01:20,060 --> 03:01:21,400
You tell me what you want to do.

1586
03:01:21,580 --> 03:01:24,360
But respectfully, I think you're reading the code incorrectly

1587
03:01:24,360 --> 03:01:28,680
because I think it's allowed, it's talking about one dwelling, not necessarily occupancy.

1588
03:01:29,320 --> 03:01:34,140
I'm going to ask Mr. Taylor to respond to this.

1589
03:01:36,300 --> 03:01:41,420
Sam Taylor for the record Douglas Kennedy DA's office, I will note that we specifically

1590
03:01:41,420 --> 03:01:48,400
have a tier one rental which allows a person to reside on the property and rent out a portion

1591
03:01:48,400 --> 03:01:55,360
of their property, so specifically that use can actually, those two things can happen

1592
03:01:55,360 --> 03:01:55,960
at the same time.

1593
03:01:56,480 --> 03:01:59,880
In fact, I think Michael has a tier one as well, correct?

1594
03:02:03,260 --> 03:02:04,400
But still a tier one, correct?

1595
03:02:05,320 --> 03:02:06,520
Still a tier one, correct?

1596
03:02:07,340 --> 03:02:08,940
Yeah, living on the same parcel.

1597
03:02:10,260 --> 03:02:10,360
Right.

1598
03:02:10,940 --> 03:02:16,840
And the concept is that basically if you want to rent out a portion of your house, you can do so

1599
03:02:16,840 --> 03:02:21,160
as a tier one, or you can rent out all your house as a tier two or a tier three.

1600
03:02:22,160 --> 03:02:27,160
So the question then becomes, is it's own property, if it's residential zoning, then

1601
03:02:27,160 --> 03:02:28,020
it's proper.

1602
03:02:28,920 --> 03:02:33,780
You can also have a BHR in the commercial zone as well, technically.

1603
03:02:35,460 --> 03:02:42,060
The whole reason for this part that was added to the section was to stop, so I'm not sure

1604
03:02:42,060 --> 03:02:48,740
what's in the section that he cordons off. But if he has, if you have another living area

1605
03:02:48,740 --> 03:02:57,820
within a unit, now you're basically, yes, it's two dwellings versus one dwelling, which

1606
03:02:57,820 --> 03:03:03,600
is what the assessor has for the zoning. Maybe zoning isn't the right proper. In Michael's

1607
03:03:03,600 --> 03:03:09,280
case, he's got two dwellings allowed on a parcel, so he can do that. But when you're talking

1608
03:03:09,280 --> 03:03:15,740
about one dwelling. We've got people that are living in places that don't have addresses

1609
03:03:16,100 --> 03:03:20,400
that don't have that are renting those places out. I mean, that's what this was talking

1610
03:03:20,400 --> 03:03:26,380
about was the zoning is one dwelling. Therefore, there can only be one separate dwelling at

1611
03:03:26,380 --> 03:03:29,120
a time. Is that not how you read up?

1612
03:03:29,860 --> 03:03:30,100
Sorry.

1613
03:03:30,780 --> 03:03:37,380
I mean, with all due respect, I mean, it's still one dwelling. It's different if I had two

1614
03:03:37,380 --> 03:03:42,780
two cooking areas, two areas to do that, that's not the case, but a bedroom is not considered

1615
03:03:42,780 --> 03:03:43,620
a separate dwelling.

1616
03:03:43,880 --> 03:03:48,140
Are you living separately from the people you're renting to?

1617
03:03:48,840 --> 03:03:50,900
Yes, but I don't have a kitchen in that area.

1618
03:03:50,900 --> 03:03:56,080
It's just a room and I have an outdoor door, but it's not a, it's not considered a dwelling

1619
03:03:56,080 --> 03:03:56,520
a room.

1620
03:03:56,780 --> 03:04:05,380
Just a dwelling from the code is defined as a place where you have cooking facilities, you

1621
03:04:05,380 --> 03:04:10,800
have totally separate facilities that's like a kitchen and that's how that's the difference between

1622
03:04:10,800 --> 03:04:17,840
like a multi-family and single family and frankly the kitchen is really the litmus test and I don't

1623
03:04:17,840 --> 03:04:25,660
have a separate you know cooking area I just have a bedroom so I go out to eat you know or you know

1624
03:04:25,660 --> 03:04:31,320
when I do that or or I you know I've got a little mini fridge I just put that in there but there's

1625
03:04:31,320 --> 03:04:34,640
there's no kitchen, so I don't file it in any of those groups, and I think it's very

1626
03:04:34,640 --> 03:04:41,500
important to look at what the code requires and what they're applying for one or two

1627
03:04:41,500 --> 03:04:41,980
dwellings.

1628
03:04:42,360 --> 03:04:46,260
And we are working through some gray areas in the code to which we have right now.

1629
03:04:46,460 --> 03:04:50,600
When you are staying there and you rent it out and where do you park?

1630
03:04:52,920 --> 03:04:57,360
You know, a lot of times I'll park it because you know and drive back up, it really just depends

1631
03:04:57,360 --> 03:04:58,900
on where I can park in the garage.

1632
03:04:58,900 --> 03:04:59,880
it really depends.

1633
03:05:00,000 --> 03:05:29,980
On how many cars they have, and I'll ask people, because like I said, the reason I've had no complaints is because I don't allow more than six cars there. And six cars is, you know, more than enough. And I tell people if you want to have more than six cars, if I'm there, you know, one of us has to go park at the casino and have a friend drive them up or take a cab or are over or I tell people it's not the house for you. And trust me, I turned down this

1634
03:05:29,980 --> 03:05:37,140
house to a lot of renters and that's why you don't have the complaints. I mean Mr. McIntyre

1635
03:05:37,140 --> 03:05:41,300
Will and I'd like to address his complaints afterwards because I mean frankly they're

1636
03:05:41,300 --> 03:05:46,960
unfounded and I'm sorry he thinks he can violate the rules as far as letting his dog

1637
03:05:46,960 --> 03:05:51,920
walk without a leash and come on my property and go to the bathroom and I have to clean it

1638
03:05:51,920 --> 03:05:57,740
up but we can address that later and you know but I'm trying to keep this positive.

1639
03:06:01,620 --> 03:06:07,480
I just wanted to clarify something that I think is creating issues here.

1640
03:06:08,560 --> 03:06:14,540
Is my understanding based on what the applicant is saying is that he's not subdividing his house.

1641
03:06:14,760 --> 03:06:17,060
In other words, he doesn't have two units.

1642
03:06:17,800 --> 03:06:20,740
In other words, you can access entirety of his house.

1643
03:06:20,740 --> 03:06:26,940
There's not portions blocked off that prevent you from getting from one area to another.

1644
03:06:26,940 --> 03:06:39,980
But so it isn't like he's got basically a main house, and then he's blocked off another area that only can be accessed from the outside that does not appear to be what what he has, is that?

1645
03:06:40,280 --> 03:06:49,120
Yes, it is what he has. He blocks off and he lives in one section, and then he rents out if he doesn't rent out the whole house, he will live in that other section.

1646
03:06:49,120 --> 03:06:56,040
No. No, I'm saying physically blocked off. In other words, he doesn't, I just asked him if he lives with the people he rents with and he said no.

1647
03:06:56,700 --> 03:06:58,260
It is physically blocked off.

1648
03:06:58,960 --> 03:06:59,820
Is that correct?

1649
03:07:00,820 --> 03:07:04,220
Okay. He's misinterpreting the term of a door on a bedroom.

1650
03:07:05,060 --> 03:07:08,160
And an outside door is physically blocked off.

1651
03:07:08,580 --> 03:07:11,480
This is a floor bedroom house, our floor floor house.

1652
03:07:11,820 --> 03:07:15,140
You don't have to, I have lots of exterior doors.

1653
03:07:15,140 --> 03:07:21,680
It doesn't, you don't have to physically block off and I just, all I can say is, I respectfully

1654
03:07:21,680 --> 03:07:27,020
you look at the Universal Building Code and look at what the regulations require, what

1655
03:07:27,020 --> 03:07:33,000
is considered a separate dwelling and a bedroom that someone's lifting in that has an exterior

1656
03:07:33,000 --> 03:07:38,180
door and you close the door, does not consider a separate dwelling.

1657
03:07:38,400 --> 03:07:42,900
Or if I, remember if I'm renting the top two floors and I'm in the bottom two and I go

1658
03:07:42,900 --> 03:07:48,700
at a back door and don't disturb them that is not considered under the code a separate dwelling.

1659
03:07:49,560 --> 03:07:56,500
I understand what you're saying and I understand the code for Douglas County but what we talked

1660
03:07:56,500 --> 03:08:04,860
about for the code for VHRs and the reason that we have it here now is the wording actually going to

1661
03:08:04,860 --> 03:08:10,680
have the effect that we were going for. I don't know that's what we're talking about but what this

1662
03:08:10,680 --> 03:08:16,540
part was talking about is property zoning designation with dwellings. Now you do not live

1663
03:08:16,540 --> 03:08:22,280
with the people you rent with, correct? You're not, you're not, it's a separate area.

1664
03:08:22,860 --> 03:08:30,040
Okay. Using the term living with is not a legal definition. So I think I would defer to the

1665
03:08:30,600 --> 03:08:37,800
district attorney and if he's, and he's going to tell you that there is a, that the living with

1666
03:08:37,800 --> 03:08:44,360
is not, you know, it's one thing if I have a permanent wall and it's separated, that's a separate dwelling.

1667
03:08:44,560 --> 03:08:50,380
Closing a door, or not walking upstairs, is not a separate dwelling.

1668
03:08:50,540 --> 03:08:54,520
Mr. Justice, let's have Mr. Taylor respond, please.

1669
03:08:55,080 --> 03:09:00,120
Yeah, essentially what you're looking at, again, Sam Taylor for the record, essentially what you're looking at,

1670
03:09:00,240 --> 03:09:07,320
and you're trying to determine whether or not this is a separate accessory dwelling on the same property

1671
03:09:07,320 --> 03:09:11,220
that would require separate permit for them to basically occupy it.

1672
03:09:12,200 --> 03:09:17,980
If the bedroom is just, you access a different bedroom from an outside door, that would not

1673
03:09:17,980 --> 03:09:20,340
necessarily be an accessory dwelling.

1674
03:09:21,760 --> 03:09:26,760
It's also, I mean, in fact, Mr. Delair, I think, can answer this even more specifically in

1675
03:09:26,760 --> 03:09:28,500
terms of how they would characterize it.

1676
03:09:29,040 --> 03:09:31,820
And that is quite frankly the distinction.

1677
03:09:32,380 --> 03:09:34,880
So I'd like to hear from Mr. Delair on this subject.

1678
03:09:45,760 --> 03:09:52,880
Mr. Lesser, which floor do you occupy in which room when you're there?

1679
03:09:53,140 --> 03:09:55,620
If we're looking at the floor plan that you gave us.

1680
03:09:56,020 --> 03:09:59,440
If you look at the floor plan, it's actually on the first one that was provided.

1681
03:10:00,000 --> 03:10:00,820
Room under the garage.

1682
03:10:03,120 --> 03:10:08,240
So, I guess that, I'm not sure if I think that's labeled as third floor, or second floor? Okay.

1683
03:10:08,680 --> 03:10:12,780
Floor below, is that what we're- Yes, second floor below, right? There is a room under the garage.

1684
03:10:12,920 --> 03:10:16,040
There's a pretty bed room is down there and a living room.

1685
03:10:16,900 --> 03:10:22,380
Yeah, I actually have a living room on every floor except the top floor is the master bedroom.

1686
03:10:22,960 --> 03:10:30,920
The next floor is the one where the driveway is that has a living room, a kitchen, and two bedrooms.

1687
03:10:30,920 --> 03:10:49,300
and then you go down. There's the room under the garage room and then you've got several bedrooms down there and that room also has a living room and then down below is the bottom floor and that has a couple bedrooms and and another, you know, sitting area.

1688
03:11:03,010 --> 03:11:13,450
I believe so. Yes. I guess I could try to pull it up on there to see what would I describe it as.

1689
03:11:13,730 --> 03:11:19,310
Yeah, the double barrage and in the second floor, it looks like to me it would be the place right

1690
03:11:19,310 --> 03:11:19,890
that under the garage?

1691
03:11:20,390 --> 03:11:22,170
Yes, that is the room.

1692
03:11:22,290 --> 03:11:24,970
I just can't remember what I called it on the diagram.

1693
03:11:25,390 --> 03:11:27,530
But yes, that is the one right below the garage.

1694
03:11:27,790 --> 03:11:28,030
Thank you.

1695
03:11:28,510 --> 03:11:29,150
Madam Chair.

1696
03:11:30,890 --> 03:11:32,790
I think when we were on the committee,

1697
03:11:32,790 --> 03:11:34,850
I think our main concern was,

1698
03:11:34,910 --> 03:11:37,430
is that people were building a demizing wall

1699
03:11:37,430 --> 03:11:40,250
and renting out two units in one area.

1700
03:11:40,430 --> 03:11:42,730
I don't think it was the homeowner actually staying there.

1701
03:11:42,830 --> 03:11:43,850
There wasn't really the concern.

1702
03:11:44,410 --> 03:11:46,870
It was the concern that you can't separate it

1703
03:11:46,870 --> 03:11:49,710
and rent them out as two separate listings.

1704
03:11:50,270 --> 03:11:52,430
So I think that's the key that we are looking at there.

1705
03:11:52,810 --> 03:11:54,430
And I don't know if that helps at all.

1706
03:11:54,690 --> 03:11:56,150
And I don't know, I think Lauren,

1707
03:11:56,270 --> 03:11:57,790
that might help what you were looking at.

1708
03:11:58,010 --> 03:12:01,290
But, you know, for the owner to stay there is actually a,

1709
03:12:01,290 --> 03:12:02,410
it's a positive thing.

1710
03:12:02,650 --> 03:12:05,570
So, it is something that we looked at.

1711
03:12:06,830 --> 03:12:07,970
Thank you, Mr. Gaidon.

1712
03:12:08,410 --> 03:12:10,050
Mr. Lesser, do you rent?

1713
03:12:10,850 --> 03:12:13,710
Do you advertise the house for both eight bedrooms

1714
03:12:13,710 --> 03:12:15,150
and three bedrooms?

1715
03:12:16,270 --> 03:12:24,150
I actually advertised the house as 8 bedrooms, as 5 bedrooms, and as 3 bedrooms, and sometimes

1716
03:12:24,150 --> 03:12:30,010
during the, you know, offseason, and for a while I had it, obviously, a 7 bedroom, but what

1717
03:12:30,010 --> 03:12:36,770
it is is that, you know, sometimes midweek, you don't have a family, you just want someone

1718
03:12:36,770 --> 03:12:42,230
who wants to be in quiet area, and they like to walk around the forest, and I rented out

1719
03:12:42,230 --> 03:12:48,470
is a three-bedroom and frankly it's really a one-bedroom because they live, they stay in,

1720
03:12:48,530 --> 03:12:53,350
a lot of times it's a couple and they stay in the upstairs master bedroom but since they walk in

1721
03:12:53,350 --> 03:12:58,770
from the street level there's two bedrooms there in the kitchen and so they just stay upstairs

1722
03:13:00,130 --> 03:13:04,250
and it was basically it was just sort of a creative way to rent out the house more.

1723
03:13:04,410 --> 03:13:12,110
Right, I get it. So basically if this tier three was denied and you went down to a five-bed

1724
03:13:12,110 --> 03:13:19,210
boom. It would really not change your life significantly. Oh, no, it's significantly hurt my revenue.

1725
03:13:19,610 --> 03:13:25,330
Yeah, I mean, it wouldn't, I mean, hugely. I mean, you would cut probably, you know, it's the

1726
03:13:25,330 --> 03:13:29,790
weekday rentals, but I don't charge that much. A lot of times I'll rent it for $200, you know,

1727
03:13:29,930 --> 03:13:36,510
just so I have the room rented. But, oh, yeah, it'll cut revenue by 75% if you did that.

1728
03:13:37,550 --> 03:13:45,130
Okay. Just quickly in this area that is a separate area, what else besides the beds are there?

1729
03:13:46,050 --> 03:13:48,810
Just the beds. I have a little refrigerator.

1730
03:13:50,290 --> 03:13:56,250
And my grave. And that's it?

1731
03:13:57,650 --> 03:14:04,030
Okay, so and I'm sorry that the internet isn't coming up. But I believe on

1732
03:14:04,030 --> 03:14:08,630
in Airbnb or something or other,

1733
03:14:08,730 --> 03:14:10,850
there's actually counterspace and a stove.

1734
03:14:11,450 --> 03:14:15,950
Okay, that's actually in one of the kind of family areas.

1735
03:14:17,090 --> 03:14:18,850
Again, that's not in that room.

1736
03:14:19,090 --> 03:14:20,010
That's in another area.

1737
03:14:20,690 --> 03:14:23,630
So you have two stoves in the area in which you rent?

1738
03:14:25,390 --> 03:14:28,290
That's on the bottom floor next to the pool table.

1739
03:14:28,290 --> 03:14:30,290
It's kind of like a bar.

1740
03:14:30,910 --> 03:14:33,350
So when people are playing pool or air hockey,

1741
03:14:33,350 --> 03:14:39,850
You know, they don't have to walk up, you know, two floors and that's what that's for.

1742
03:14:40,170 --> 03:14:46,650
And so that section when you don't rent out the whole house is that section part of the part that's rented or the part that you live in.

1743
03:14:48,230 --> 03:14:58,930
It's not the part I live in because I don't really, I don't, that's actually, it is two floors or it's a, yeah, it's a floor down below.

1744
03:14:58,930 --> 03:14:59,910
So, I just...

1745
03:15:00,000 --> 03:15:15,620
I mean, I just don't go down there. I mean, it's a lot of times it depends on the person. Sometimes I let the people that if they're renting the upper floor, I let them go down if they want to play pool, but I generally don't want to clean it, but I just leave that empty.

1746
03:15:18,760 --> 03:15:31,500
I mean, it cost me a lot to clean it, especially with COVID regulations. It's just better just to leave it empty, so I don't have to clean it again. Thank you. Unless there's some more questions for the permit holder,

1747
03:15:31,500 --> 03:15:37,620
I would it's going to call for public comment Michael right just just to clarify the stoves

1748
03:15:37,620 --> 03:15:43,640
There's two built-in stoves in this no, I don't think it's even a built-in stove

1749
03:15:43,640 --> 03:15:49,300
I mean it or it is it's just sort of it's a it's sitting there people use it to kind of make popcorn

1750
03:15:50,360 --> 03:15:56,620
You know, it was like that when I bought the house. I mean everyone uses I've got a nice wolf oven upstairs

1751
03:15:56,620 --> 03:16:00,340
It's just like a little single burner that I think you know

1752
03:16:00,340 --> 03:16:03,400
people tend to use when they're just partying down there.

1753
03:16:04,520 --> 03:16:05,940
I mean, it's not a full kitchen.

1754
03:16:06,260 --> 03:16:07,420
There's no dishwasher.

1755
03:16:08,480 --> 03:16:09,800
There isn't all the other stuff.

1756
03:16:11,660 --> 03:16:15,480
And frankly, if the county wants me to take that out,

1757
03:16:15,640 --> 03:16:16,500
I'll take that out.

1758
03:16:16,840 --> 03:16:18,500
I've never had a complaint.

1759
03:16:18,880 --> 03:16:20,460
The fire marshal had been fine with it.

1760
03:16:21,180 --> 03:16:23,160
The building inspector has been fine with it.

1761
03:16:23,360 --> 03:16:24,440
I've just kind of left it there.

1762
03:16:24,520 --> 03:16:25,200
I didn't put it in.

1763
03:16:25,480 --> 03:16:27,480
It was there when I bought it 18 years ago.

1764
03:16:28,600 --> 03:16:31,040
but it's not essential to the House.

1765
03:16:31,680 --> 03:16:33,500
Michael, did you have a follow-up or anything?

1766
03:16:35,400 --> 03:16:37,640
Why don't we do public comment?

1767
03:16:37,880 --> 03:16:41,660
We can come back to the board with more questions or comments afterwards

1768
03:16:41,660 --> 03:16:45,900
so that we don't keep some of these people here forever.

1769
03:16:50,000 --> 03:16:52,140
So we'll call public comment.

1770
03:16:52,240 --> 03:16:53,020
Come up to the podium.

1771
03:16:53,240 --> 03:16:53,780
State your name.

1772
03:16:53,780 --> 03:16:58,320
right? Write your name, state your name, and we'll start your three minutes. You

1773
03:16:58,320 --> 03:16:59,780
you will be given three minutes.

1774
03:17:11,150 --> 03:17:14,650
I want Mr. Lesser slandering me like he has

1775
03:17:14,650 --> 03:17:23,370
Mr. McIntyre. I've lived in that neighborhood for 45 years. I walk by there

1776
03:17:23,370 --> 03:17:32,570
every day. I've never seen anything remotely representing Mr. Lesser on the

1777
03:17:32,570 --> 03:17:41,110
property. And I would like you all to acknowledge that he said that he has four bedrooms there.

1778
03:17:41,430 --> 03:17:53,310
That's on the record. So I want a level whatever four bedrooms warrants because that's what

1779
03:17:53,310 --> 03:18:02,890
he just said that he has. And I live below. And the deck goes all the way around the back

1780
03:18:02,890 --> 03:18:09,070
to that house. And in the summer like it's been reported down on granted springs when

1781
03:18:09,070 --> 03:18:16,250
everybody's got everything open. It carries. So that's when I hear things is in the summer

1782
03:18:16,250 --> 03:18:25,570
and the fall. And it's a party house. Let's just say it for what it is. And that's my

1783
03:18:25,570 --> 03:18:33,230
two cents. Thanks, City Council. Thank you, sir. Any other comments from the gallery?

1784
03:18:43,790 --> 03:18:48,970
Tom Serena. I live in the same neighborhood. I live in a little bit different elevation

1785
03:18:48,970 --> 03:18:54,730
of what John does. Excuse me. If I'm having trouble hearing him, I'm sorry. We're having some

1786
03:18:54,730 --> 03:18:55,430
and trouble hearing you.

1787
03:18:55,610 --> 03:18:57,770
Maybe you could get closer to the microphone

1788
03:18:57,770 --> 03:18:59,490
or watch better.

1789
03:19:00,090 --> 03:19:00,370
Okay.

1790
03:19:00,870 --> 03:19:02,230
Anyway, I live in the same neighborhood.

1791
03:19:02,530 --> 03:19:03,830
I lived about a quarter mile away

1792
03:19:03,830 --> 03:19:05,570
from Mr. Nestor's house.

1793
03:19:05,970 --> 03:19:08,550
And as John says, that sound is scary.

1794
03:19:08,730 --> 03:19:11,130
It carries up and down and back and forth.

1795
03:19:11,470 --> 03:19:13,170
And he's got a big house.

1796
03:19:13,330 --> 03:19:15,090
He's got a lot of people here all the time.

1797
03:19:15,870 --> 03:19:19,250
I get offended by all that noise coming from that house.

1798
03:19:20,330 --> 03:19:21,650
But wherever you're at,

1799
03:19:21,850 --> 03:19:24,170
whether you're three miles away down the bottom of the hill

1800
03:19:24,170 --> 03:19:30,530
and granite springs, or up in Canterbury Village where this house is and where I live.

1801
03:19:31,290 --> 03:19:37,890
You're going to hear the same complaints. The house where you're alongside me is what four bedrooms

1802
03:19:37,890 --> 03:19:44,630
or five, four bedrooms. So what do you call that? A tier three? Is that what it is? A tier two,

1803
03:19:44,810 --> 03:19:53,070
tier three, tier 23? It doesn't matter what you call it. The people that rent these homes,

1804
03:19:53,070 --> 03:19:59,030
Their object to coming up is to come up with as many people as they can.

1805
03:20:00,000 --> 03:20:05,980
Local per person, they're not paying that much. The one rate alongside me, and in very worst,

1806
03:20:06,180 --> 03:20:14,280
I've seen one time they had 13 kids and 14 adults. They bragged about it. Another time,

1807
03:20:14,460 --> 03:20:22,400
a universal studio's bus pulled up, 28 adults that I could count. There could have been more.

1808
03:20:22,840 --> 03:20:28,720
They came out with their own mattresses, their own air mattresses. Now, if you've got four

1809
03:20:28,720 --> 03:20:33,140
bedrooms up there. It doesn't matter how many bedrooms you have. It's how many people

1810
03:20:33,140 --> 03:20:41,660
they can put per square foot. This isn't right. I know you have regulators to regulate

1811
03:20:41,660 --> 03:20:47,340
this. It's ineffective. I don't care what you call it. Tier one, tier two, tier 23.

1812
03:20:48,140 --> 03:20:49,440
This is the reality.

1813
03:20:54,520 --> 03:20:56,540
Any other comments from the floor?

1814
03:20:56,540 --> 03:20:57,740
again

1815
03:21:14,670 --> 03:21:19,790
my name is Jim McIntyre and for the record I'm regarding they're talking

1816
03:21:19,790 --> 03:21:30,810
about 342 Marianne and their request for a tier 3. I totally disagree that

1817
03:21:30,810 --> 03:21:39,610
they should be approved for this permit and everything has been said is pretty

1818
03:21:39,610 --> 03:21:42,970
much reflective of what's going on with me and Mr. Lesser.

1819
03:21:45,350 --> 03:21:47,970
He has called me on at least

1820
03:21:47,970 --> 03:21:53,630
I know of three different occasions telling me that I should get air conditioning on one

1821
03:21:53,630 --> 03:22:00,350
of those so I wouldn't have to hear the noise. On another occasion he called on behalf of

1822
03:22:00,350 --> 03:22:07,290
some of his vacation renters that they texted him and that I treated them very verbally

1823
03:22:07,290 --> 03:22:19,230
really bad when I walked by, walked in my dog and he read the text and I totally did

1824
03:22:19,230 --> 03:22:25,250
not do any of that sort of things to him because I am a neighbor and I just asked the

1825
03:22:25,250 --> 03:22:30,450
people if they could mind just being quiet because I just totally fed up with all the

1826
03:22:30,450 --> 03:22:37,310
the noise that's been going on weekend and week out daily everything and the traffic

1827
03:22:37,310 --> 03:22:42,090
that's created by this, people, again I say don't respect the speed limit.

1828
03:22:43,490 --> 03:22:49,350
There's really no monitoring or control to a small street like that.

1829
03:22:50,110 --> 03:22:55,110
And by the way that street when it was incepted was supposed to be a 50 foot wide street.

1830
03:22:55,410 --> 03:22:59,510
It was divided in half and just considered a 25 foot street.

1831
03:22:59,510 --> 03:23:04,550
So whatever dimensions are shown on whatever plot plans vary.

1832
03:23:05,850 --> 03:23:12,550
As far as Mr. Lesher of this house was originally a for bedroom house.

1833
03:23:13,250 --> 03:23:18,990
And when the original owners moved, a gentleman from New York came in.

1834
03:23:19,250 --> 03:23:26,290
He was a stage hand builder and he came in and did the midnight hour additions to that property.

1835
03:23:27,410 --> 03:23:35,330
I do not know, and I don't think there are any posted records of permits pulled for those extra bedrooms.

1836
03:23:35,910 --> 03:23:36,990
I'm sure it can be checked.

1837
03:23:37,710 --> 03:23:52,270
I would definitely like to see that be done, because the gentleman at Bill the place took me out for a tour of what he did, and it creates a problem for it being four bedroom or eight bedroom.

1838
03:23:52,910 --> 03:23:58,490
The other thing is, you know, the sound carries, because the decks are facing my property

1839
03:23:58,490 --> 03:24:05,490
and there are two tiers of them, plus an eight-man hot tub, that is acoustically placed,

1840
03:24:05,490 --> 03:24:10,510
that it reflects the noise very, very well toward our bedrooms and what have you.

1841
03:24:10,630 --> 03:24:15,910
So, like other people have said, the noise keeps you up at night, and as the night goes

1842
03:24:15,910 --> 03:24:19,370
on, the alcohol goes, and it gets louder.

1843
03:24:19,870 --> 03:24:20,870
Thank you very much.

1844
03:24:20,870 --> 03:24:22,370
Thank you, sir.

1845
03:24:29,470 --> 03:24:34,770
Nylis Serrino and I would just like to say that what Jim is saying is absolute truth.

1846
03:24:34,910 --> 03:24:39,550
Mr. Lester's house has been a problem house in our neighborhood for many years.

1847
03:24:39,790 --> 03:24:44,370
We drive by before he put the cameras in the noise.

1848
03:24:44,650 --> 03:24:48,030
We go by knock on the door as people to please be quiet.

1849
03:24:48,170 --> 03:24:51,790
I live a block away and I hear them in his terrible.

1850
03:24:52,430 --> 03:24:55,370
There's also so much traffic in our neighborhood now.

1851
03:24:55,370 --> 03:24:59,870
They put the tile rim trail in. We still have two lanes.

1852
03:25:00,000 --> 03:25:29,880
We have the big hill that people are sliding down and stuck on all the time. It is also a problem with fires. We've evacuated that neighborhood three times. If you keep allowing these homes to have more people, how are you going to get us out in a fire? We had a powerful hit by a UPS truck. Our road was closed for hours. If one tree comes down, we're stuck. So the more people in our neighborhood, the more chance of us getting

1853
03:25:29,880 --> 03:25:36,500
in a fire and dine. We've been through three evacuations up there. It's serious. We don't need

1854
03:25:36,500 --> 03:25:37,700
any more people, please.

1855
03:25:40,500 --> 03:25:44,640
Thank you. Is there any more comments? Thank you.

1856
03:26:01,420 --> 03:26:10,080
I'm going to be real quick. I'm Judy McIntyre, the other part of Jim, at 332 Marianne. I just have

1857
03:26:10,740 --> 03:26:16,660
quick comments. Number one, and as someone else said this, we have been up there. We live up

1858
03:26:16,660 --> 03:26:23,720
their full time and where they're all the time, I have never once seen a motor home in

1859
03:26:23,720 --> 03:26:25,000
that driveway ever.

1860
03:26:26,280 --> 03:26:35,460
Also we have spoken with Mr. Lesser several times and at that time, and this is clearly

1861
03:26:35,460 --> 03:26:42,260
recent, he's in San Diego, he told us when we need to get in touch with him to call him

1862
03:26:42,260 --> 03:26:50,560
San Diego and he has an assistant that can help us also in San Diego.

1863
03:26:51,560 --> 03:26:57,640
Another thing he mentioned is that they screen the people that they

1864
03:26:57,640 --> 03:27:03,840
rent to so that there's never anybody under 25 and I beg to differ with

1865
03:27:03,840 --> 03:27:11,520
that one because I've seen fraternities up there partying and along with

1866
03:27:11,520 --> 03:27:19,560
what Jim said, the noise is horrendous. And another thing that was mentioned is that

1867
03:27:20,220 --> 03:27:26,380
nothing that we have never reported it to the sheriff. And I begged to differ with

1868
03:27:26,380 --> 03:27:33,120
that because there were many nights that Jim called at two o'clock in the morning because

1869
03:27:33,520 --> 03:27:40,440
there was party. I don't know where the records go that don't have that information, but

1870
03:27:40,440 --> 03:27:46,680
But he has called, I think one of the things they always say when we call is do you want

1871
03:27:46,680 --> 03:27:50,300
to place a formal complaint and we haven't.

1872
03:27:51,060 --> 03:27:53,340
He just wants the noise to stop.

1873
03:27:54,400 --> 03:27:58,060
And so he's called many, many times over the years.

1874
03:27:58,280 --> 03:28:04,480
So like I said, I don't know where the calls go but there have been complaints and the sheriffs

1875
03:28:04,480 --> 03:28:05,500
have come up there.

1876
03:28:07,100 --> 03:28:10,340
That's it. Thank you for the information.

1877
03:28:11,580 --> 03:28:12,380
Ellie?

1878
03:28:20,340 --> 03:28:25,340
Ellie Waller, this is probably one of the most confusing ones that I've seen on a list

1879
03:28:25,740 --> 03:28:31,580
as toward what Board Member Romaine was talking about.

1880
03:28:33,260 --> 03:28:41,620
It's confusing how this is being rented and is there a clarification that you can be a

1881
03:28:41,620 --> 03:28:52,500
one once in a while, you can be a tier three once in a while, that'll be something for improvement in the code just so there's an understanding of how that complexity works.

1882
03:28:52,900 --> 03:28:55,300
I believe this still needs a property manager.

1883
03:28:55,740 --> 03:29:08,240
I'm concerned that this isn't being properly identified as being managed on site or nearby by Mr.

1884
03:29:08,240 --> 03:29:17,160
less or no disrespect is just very confusing. The parking pad, again, as identified by staff

1885
03:29:17,160 --> 03:29:24,640
member, Mr. DeLair here, is 40 feet. Again, in past comments I've made, the street looks

1886
03:29:24,640 --> 03:29:30,140
very narrow. I don't know where the property line is versus the county easement line, and

1887
03:29:30,140 --> 03:29:38,200
And if that road truly is 25 feet, again, it's a public health and safety issue as well

1888
03:29:38,200 --> 03:29:39,720
as how the cars get in and out.

1889
03:29:39,900 --> 03:29:45,060
So identification of those parking spots, I think need a little more scrutiny.

1890
03:29:46,480 --> 03:29:53,440
And then how do you verify where that motorhome is if he's here?

1891
03:29:54,080 --> 03:29:55,040
And that's fine.

1892
03:29:55,040 --> 03:29:59,700
I mean, staff is busy to have to report in that kind of

1893
03:30:00,720 --> 03:30:29,320
Manageability, I think, is unacceptable. Either you're here or you're not, or you got a property manager, which I think is what's necessary here. I would have two questions for Mr. Lesser, not to answer. It's back to the board, but these would be my questions. Has have you ever rented at any time, more than one group, because it sounds like, again, the complexity of your explanation of this. And when was the last time you were at your property?

1894
03:30:29,320 --> 03:30:30,060
Thank you.

1895
03:30:31,420 --> 03:30:32,660
Thank you, Ms. Waller.

1896
03:30:34,920 --> 03:30:37,120
I think everyone in the room is spoken.

1897
03:30:37,780 --> 03:30:38,780
Is there anyone on Zoom?

1898
03:30:39,740 --> 03:30:41,760
Thank you Madam Chair and Damien for the record. Yes.

1899
03:30:45,890 --> 03:30:49,510
Lisa, if you can hear me, please state your name and full and your three minutes will begin.

1900
03:30:52,480 --> 03:30:53,660
I unmuted. Can you hear me?

1901
03:30:54,260 --> 03:30:55,100
Yes, we can.

1902
03:30:55,900 --> 03:30:57,520
Okay. My name is Lisa Hori.

1903
03:30:57,840 --> 03:30:59,900
I am on Mary and Drive.

1904
03:31:00,160 --> 03:31:01,900
My husband and I live on Mary and Drive.

1905
03:31:01,900 --> 03:31:10,740
a few houses up from 342 Marianne and I just want to say that our neighborhood is quiet

1906
03:31:10,740 --> 03:31:18,500
of course was quiet and there's no place for these properties to be renting to so many

1907
03:31:18,500 --> 03:31:27,000
people, the tier 3 in particular, so many people as is being requested.

1908
03:31:27,000 --> 03:31:34,000
I can hear from our deck in the summertime we can hear people sitting on 3, 4, 2's deck.

1909
03:31:34,340 --> 03:31:37,620
They can just be talking, but it's a nuisance.

1910
03:31:38,320 --> 03:31:40,580
And the more people you get the louder it is.

1911
03:31:40,920 --> 03:31:45,560
You are asking what is across the street from 3, 4, 2 Marianne?

1912
03:31:46,220 --> 03:31:51,740
It's a big rock slope. It's huge. It probably is forestry land.

1913
03:31:51,740 --> 03:31:59,100
but the noise ricochets bounces off of that rock slope over to us.

1914
03:32:03,090 --> 03:32:05,550
This property has had issues.

1915
03:32:05,910 --> 03:32:12,030
I want to say that it's exposing our neighborhood to a transient population.

1916
03:32:12,430 --> 03:32:20,090
Of course, you have different people coming at all times to rent, but that property has

1917
03:32:20,090 --> 03:32:26,470
had a couple of burglaries and just back in December, there were two Douglas County deputy

1918
03:32:26,470 --> 03:32:32,690
vehicles blocking our road and I don't know what the situation was but they actually went

1919
03:32:32,690 --> 03:32:40,030
in and apprehended someone from that property. There were other residents on our street

1920
03:32:40,030 --> 03:32:45,790
that were stuck behind the vehicles and they couldn't get home for quite a while because

1921
03:32:45,790 --> 03:32:53,210
of this situation. Of course, there's an increase in traffic. Again, we had a lot of snow back in

1922
03:32:53,210 --> 03:33:01,130
December, and there were the vacationers that were in 342 were out playing on the road when my

1923
03:33:01,130 --> 03:33:08,550
husband and I drove by. They didn't even think to step back. We had to drive by very slowly, but

1924
03:33:08,550 --> 03:33:12,770
they were dangerous situations, they could have gotten hit.

1925
03:33:14,130 --> 03:33:21,730
I do have a question about, it says to, if the Tier III application is approved,

1926
03:33:22,450 --> 03:33:28,110
the applicant must agree to nine items, and this is on page 157.

1927
03:33:29,390 --> 03:33:38,440
Number nine says that there is no, our neighborhood has no place

1928
03:33:38,440 --> 03:33:43,440
for these commercial, large occupancy vacation rentals.

1929
03:33:44,600 --> 03:33:51,420
As you can see, we are more and more appearing in our neighborhood, and we have a right.

1930
03:33:51,600 --> 03:33:58,360
I don't know why Mr. Lester thinks that Mr. McIntyre and we do have a quiet neighborhood.

1931
03:33:58,640 --> 03:33:59,000
Thank you.

1932
03:34:00,240 --> 03:34:01,080
Thank you.

1933
03:34:02,500 --> 03:34:03,760
Mr. Amy, is that?

1934
03:34:03,760 --> 03:34:08,680
But I do have Mr. Lesser, who has raised his hand to speak.

1935
03:34:13,040 --> 03:34:18,520
I would like to bring it back to the ward first, because I think we've heard a lot.

1936
03:34:19,120 --> 03:34:24,520
And I have a couple of helmets I want to make ahead of everybody, sorry.

1937
03:34:26,240 --> 03:34:35,180
But I'm uncomfortable with homes of this occupancy anyway, in neighborhoods unless they're

1938
03:34:35,180 --> 03:34:43,500
very specifically designed for that, or there's no comments from the residents nearby.

1939
03:34:44,240 --> 03:34:56,380
It does make me uncomfortable knowing that there's going to be cramped 16 people into a house when a normal home might have two people and a few children or that kind of thing.

1940
03:34:56,380 --> 03:34:59,960
but I'm more uncomfortable with the...

1941
03:35:00,000 --> 03:35:20,340
In fact, the responsible party that's supposed to be available 24-7 isn't always in Douglas County to take the calls and respond to any complaints. So, you know, those are my biggest concerns about it. And now I'll pass it on down the row. Anybody,

1942
03:35:22,400 --> 03:35:22,540
Patty?

1943
03:35:24,920 --> 03:35:29,980
One comment that I want to make is in the requirements for it.

1944
03:35:29,980 --> 03:35:40,300
tier three, there should be a license property manager, and it seems like he is not licensed

1945
03:35:40,300 --> 03:35:49,680
and if he's out of town and travels, then there is no one that is within a 30-minute

1946
03:35:49,680 --> 03:35:51,440
time that can handle things.

1947
03:35:52,080 --> 03:35:58,580
And I think there is a little, with the street and I was up there in the snow and

1948
03:35:58,580 --> 03:36:05,380
traveling, the streets are very narrow up there and they're tight, thank you.

1949
03:36:05,940 --> 03:36:06,780
Thank you, Patty.

1950
03:36:07,340 --> 03:36:07,440
Keith?

1951
03:36:08,880 --> 03:36:10,900
I guess really just to agree with you.

1952
03:36:11,580 --> 03:36:18,740
You know, again, I'm starting, I think we need to start putting some guidance around how close is too close and

1953
03:36:18,740 --> 03:36:20,200
There are always our exceptions.

1954
03:36:20,800 --> 03:36:23,540
The first house we talked about tonight was less than a hundred.

1955
03:36:24,160 --> 03:36:28,960
But there were rebuttable things about that house which got me comfortable with it.

1956
03:36:29,420 --> 03:36:32,280
The closest neighbor riding a letter of support, the way the house was there.

1957
03:36:32,920 --> 03:36:34,760
This one is 80 feet from the closest neighbor.

1958
03:36:35,620 --> 03:36:39,020
And a hundred is just a guideline to kind of throw things out.

1959
03:36:39,580 --> 03:36:44,000
The rock, based across the street, makes that even further.

1960
03:36:44,460 --> 03:36:47,280
And I don't know if we've heard from every single neighbor, but we've heard from another.

1961
03:36:48,020 --> 03:36:52,160
And it's hard to say that there's a rebuttable that the presumption can be rebutted

1962
03:36:52,160 --> 03:36:55,880
that this House is too close to others to have 16 people.

1963
03:36:56,380 --> 03:37:00,700
And so I guess I didn't want to speak because I just share what I share that I think

1964
03:37:00,700 --> 03:37:01,220
this concerns.

1965
03:37:02,340 --> 03:37:03,540
And you, Keith Michael?

1966
03:37:05,000 --> 03:37:06,060
Yes, thank you.

1967
03:37:06,380 --> 03:37:11,540
I feel like it's not necessarily the distance on this House because the distance,

1968
03:37:12,120 --> 03:37:16,060
you know, more or less could go, although I know it sound bounces everywhere.

1969
03:37:16,060 --> 03:37:28,860
But it just seems like the overwhelming neighborhood reaction has been, you know, that this has not been a pleasurable experience.

1970
03:37:29,540 --> 03:37:32,580
And it's not melding in with the neighborhood.

1971
03:37:33,320 --> 03:37:36,200
And, you know, that's a tough scenario.

1972
03:37:36,640 --> 03:37:38,200
I think I say this all the time.

1973
03:37:38,200 --> 03:37:44,000
We're trying to balance the people that own the Tier 2s and Tier 3s versus the neighborhood.

1974
03:37:44,000 --> 03:37:52,200
and so it just seems like there's a preponderance of opposition, you know, of what's happening in the neighborhood.

1975
03:37:55,510 --> 03:37:58,870
So at this time does the board wish to make a motion?

1976
03:38:16,630 --> 03:38:21,250
So even though it's not a Tier 3, there still needs to be a local contact person, correct?

1977
03:38:22,730 --> 03:38:24,850
I'm sorry, I'm asking Mr. Tritler.

1978
03:38:25,210 --> 03:38:27,050
Oh yeah, that's correct. Tom Dillair for the record.

1979
03:38:27,050 --> 03:38:38,250
Okay, and so there is nothing on any formal piece of paper that proves that he is a resident of Douglas County or his address.

1980
03:38:38,770 --> 03:38:39,430
Correct?

1981
03:38:41,290 --> 03:38:52,170
I staff was digging into this one when I was gone on Friday, sorry, I don't know where that ended up landing.

1982
03:38:52,170 --> 03:38:58,450
But it was my understanding that he does have I think there is some paperwork that has that he is in Douglas County

1983
03:38:58,450 --> 03:39:03,550
But when you look at the assessor's site and the deed it is it does go back to San Diego

1984
03:39:04,370 --> 03:39:06,210
You know is where the address is shown

1985
03:39:06,790 --> 03:39:13,910
It's usually highly unusual that you have two addresses to choose from California and Nevada and that you actually choose California for that address

1986
03:39:15,630 --> 03:39:18,930
But I guess what I'm I guess what I'm wondering depending on how this goes

1987
03:39:18,930 --> 03:39:23,990
but with even with the Tier 2, I think we need a local contact person, someone who has a

1988
03:39:23,990 --> 03:39:28,510
verifying, depending on however it comes out or whatever, but someone who can verify that

1989
03:39:28,510 --> 03:39:33,030
they're close and can respond, because that is kind of a very clear requirement that we have.

1990
03:39:35,940 --> 03:39:36,200
Okay.

1991
03:39:36,560 --> 03:39:37,320
I found my agenda.

1992
03:39:37,720 --> 03:39:42,220
Madam Chair, I move that we reject the application for an 8-bedroom home 16-person

1993
03:39:42,220 --> 03:39:49,260
occupancy located at 342 Mary N. Drives, Africa, Nevada owned by Todd Lisser 342 LLC.

1994
03:39:51,940 --> 03:39:52,980
Do we have a second?

1995
03:39:52,980 --> 03:39:53,740
Second.

1996
03:39:55,040 --> 03:39:55,760
Okay.

1997
03:39:55,900 --> 03:39:59,780
I have a motion and a second to deny the special use permit.

1998
03:40:00,000 --> 03:40:17,220
Application to Mr. Leser at 342 Marianne Drive. Is there any further discussion? Okay, all those in favor to deny this application? Indicator saying aye. Aye. Any opposed? 5-0, thank you.

1999
03:40:25,690 --> 03:40:34,010
Item 5, I had hoped we'd get too earlier than this. Because I'm wear rose-colored glasses.

2000
03:40:35,950 --> 03:40:47,190
For possible action, discussion on possible changes to chapter 20.622 of the Douglas County Code, relative to vacation home rentals in the Lake Tahoe Township.

2001
03:40:48,710 --> 03:40:56,870
Let me start by saying, we are not going to get through the whole code tonight, we're not going to get through very much of it at all.

2002
03:40:56,870 --> 03:41:03,550
All what I've asked the board members to do is give us a list of the things that are most important to them.

2003
03:41:05,010 --> 03:41:13,910
And I will also hear public comment as to what's most important to the public that wants to speak.

2004
03:41:14,930 --> 03:41:21,750
So if the board is okay with this, I'll ask for public comment first.

2005
03:41:21,750 --> 03:41:27,130
I don't believe we will really be voting on anything, but we would like to hear what

2006
03:41:27,130 --> 03:41:31,270
everyone has to say, so if...

2007
03:41:31,270 --> 03:41:37,770
It sounded like Miss Walker had been attending various meetings, and I think you have

2008
03:41:37,770 --> 03:41:45,230
the discretion to expand time at your discretion, and I would like you to consider maybe expanding

2009
03:41:45,230 --> 03:41:51,630
her to five minutes if she so chooses just because she's been watching all of these things

2010
03:41:51,630 --> 03:41:55,510
and I would be very interested to hear if there's something we're not thinking about

2011
03:41:55,510 --> 03:41:56,350
or something else.

2012
03:41:56,610 --> 03:42:01,050
So I would like to you to consider, again, it's your discretion maybe expanding her time.

2013
03:42:02,110 --> 03:42:06,870
Okay, Lauren, I would love to hear what she hears from other places, so I agree with that

2014
03:42:06,870 --> 03:42:08,970
but I'm not sure she's prepared today to do it.

2015
03:42:09,410 --> 03:42:13,390
But my other question is can we go through our three things because then we can get comments

2016
03:42:13,390 --> 03:42:20,250
from the audience on the things that we're discussing, which might help us to hone in those three things, just a suggestion.

2017
03:42:21,410 --> 03:42:28,390
That was my original plan, but I was being...

2018
03:42:29,050 --> 03:42:34,450
No, no, no. I wasn't told. I was just there. I think some people in the audience that maybe...

2019
03:42:34,450 --> 03:42:35,230
I want to make comments now.

2020
03:42:35,590 --> 03:42:43,010
I want to make comments first. And what I'm thinking we should do is we're not going to get into the weeds with any of this today.

2021
03:42:43,010 --> 03:42:47,710
We're going to make a list and everybody's going to have time to kind of percolate with it and come up with

2022
03:42:48,450 --> 03:42:57,350
things that are better or things that are, you know, so anyway, so Mr. Ainsworth, I'm going to

2023
03:43:00,030 --> 03:43:05,670
Yes, Madam Chair, I'm sorry, give your public comment.

2024
03:43:07,250 --> 03:43:13,610
Madam Chair, just for clarification and I apologize, I just need to advise you of some

2025
03:43:13,610 --> 03:43:15,570
open meeting law guidance.

2026
03:43:16,430 --> 03:43:20,250
If you're going to extend additional time to any member of the public, you should extend

2027
03:43:20,250 --> 03:43:22,290
additional time to all members of the public.

2028
03:43:22,410 --> 03:43:26,550
If you would like to arrange for a special presentation by a member of the public, I'd be happy

2029
03:43:26,550 --> 03:43:30,310
to place an item on the agenda for future discussion where Ms. Waller can present.

2030
03:43:30,310 --> 03:43:35,190
We would extend the same opportunity to any member of the public in coordination with you.

2031
03:43:38,230 --> 03:43:42,390
Okay, that said that's to keep everything the three minutes today.

2032
03:43:42,850 --> 03:43:49,470
And then at, because you can get your information together, Mrs. Waller, and put it in, we can put it on the agenda for another time.

2033
03:43:51,090 --> 03:43:54,110
So go forward, Mr. Ainsworth.

2034
03:43:59,760 --> 03:44:08,820
Thank you very much, and I think that's a fair and legal comment and decision that you made there.

2035
03:44:09,240 --> 03:44:12,940
I didn't want to talk for five, but I think that was the right decision.

2036
03:44:13,860 --> 03:44:21,220
I'm looking at my public comment from the last meetings in April of last year.

2037
03:44:21,980 --> 03:44:26,580
And unfortunately only one of the items I addressed has been solved in the current ordinance,

2038
03:44:27,140 --> 03:44:31,820
which is actually parking for the most part I think the on-site designated

2039
03:44:31,820 --> 03:44:37,560
parking spaces is the right and fair solution. So I'll address the other three

2040
03:44:37,560 --> 03:44:42,840
again and hope you do too. But first I'd also like to say that the last two

2041
03:44:42,840 --> 03:44:48,000
items that you just discussed are exactly the reason why the task force was

2042
03:44:48,000 --> 03:44:58,120
formed in the first place. Noise, parking, and trash. And evidently, even though the rules

2043
03:44:58,120 --> 03:44:59,860
are in place, either

2044
03:45:00,000 --> 03:45:29,880
People aren't complaining properly, or code enforcement is not doing its job yet, or something else I can't explain or describe, because the reasons cited for not giving this permit are basically the reasons that the code was extended, defined, and we hoped really put some good rules in place that could be enforced. So hopefully code enforcement will come into play.

2045
03:45:29,880 --> 03:45:35,580
Okay, I want you to take my comments here in the right context because it may seem like

2046
03:45:35,580 --> 03:45:39,300
I'm talking against some of the things that you have been discussing.

2047
03:45:39,780 --> 03:45:42,400
Just put them in the right context, occupancy number one.

2048
03:45:43,220 --> 03:45:49,380
To me, it makes no sense to limit occupancy to just bedrooms times two, especially for

2049
03:45:49,380 --> 03:45:50,020
tier two.

2050
03:45:50,900 --> 03:45:55,900
Many condos and homes have bunk beds in a bedroom and or a sleeper sofa in the living room.

2051
03:45:55,900 --> 03:46:01,480
It's a standard rental practice everywhere to allow occupancy levels based on that kind

2052
03:46:01,480 --> 03:46:02,380
of a situation.

2053
03:46:03,280 --> 03:46:07,500
And occupancy levels don't solve the noise, trash, and parking issues.

2054
03:46:08,120 --> 03:46:13,240
Reasonable rules, compliance to the rules, and good code enforcement solve those issues,

2055
03:46:13,240 --> 03:46:14,140
as I just said.

2056
03:46:15,060 --> 03:46:20,320
I would consider letting the inspection team, which is the way it used to work, determine appropriate

2057
03:46:20,320 --> 03:46:28,560
occupancy and maybe put a max of bedrooms times two plus four or whatever the board decides to do.

2058
03:46:30,420 --> 03:46:36,280
Got to rush here. The tier three requirement that the home must be located sufficiently far away

2059
03:46:36,760 --> 03:46:43,360
from all residential buildings so is not to cause a nuisance. Keith, this isn't pointed at you.

2060
03:46:44,540 --> 03:46:48,040
It's just that that requirement is a completely and totally

2061
03:46:48,040 --> 03:46:54,220
the undefinable aspect, to say it would be subjective, would be a gross understatement.

2062
03:46:54,640 --> 03:46:57,140
You can't solve issues with a distance minimum.

2063
03:46:57,480 --> 03:47:04,500
You solve issues if they occur with citations, fines, and if necessary, pulling the permit.

2064
03:47:05,360 --> 03:47:10,220
I was going to talk about ownership, but I won't, because my time's up.

2065
03:47:10,380 --> 03:47:11,040
Thank you very much.

2066
03:47:11,420 --> 03:47:16,900
Thank you, Mr. Engels, we'll be doing this monthly, so maybe I'll just mark your calendar.

2067
03:47:16,900 --> 03:47:16,980
Yeah.

2068
03:47:19,240 --> 03:47:19,880
Ellie.

2069
03:47:26,820 --> 03:47:30,060
Ellie Waller, I will be fairly brief.

2070
03:47:30,800 --> 03:47:33,380
I'll disagree about occupancy.

2071
03:47:33,780 --> 03:47:36,280
That is part of the whole issue.

2072
03:47:36,980 --> 03:47:41,680
When you exacerbate the number of people in a home, everything else goes up.

2073
03:47:41,780 --> 03:47:43,140
I think what you've done is excellent.

2074
03:47:43,240 --> 03:47:44,960
I would not change occupancy.

2075
03:47:47,800 --> 03:47:52,040
Based on today, again, we're back to the whole bedroom thing.

2076
03:47:52,040 --> 03:47:57,160
We're going to spend a lot of time trying to figure this out so we don't have to recodify it one more time.

2077
03:47:58,120 --> 03:48:08,160
I think it's going to need maybe the task force to come back, adding more public in a workshop forum to figure out what makes sense.

2078
03:48:08,960 --> 03:48:12,040
So the fire department has a baseline.

2079
03:48:12,300 --> 03:48:20,480
We have a baseline. We don't have any confusion with duplicity of how and conflict of definition.

2080
03:48:21,180 --> 03:48:21,660
Again,

2081
03:48:24,140 --> 03:48:28,840
a bedroom is a bedroom and I think you sleep in it and that's all you do in it.

2082
03:48:29,320 --> 03:48:39,000
I don't care if you put five beds in a 20 by 20 room, whatever you decide, but again, occupancy will be defined, should stay defined.

2083
03:48:41,640 --> 03:48:47,860
Today was very confusing to me about you can be a tier one and you can be a tier two or a tier three at the same time.

2084
03:48:47,860 --> 03:48:50,840
I think there needs some clarity in that.

2085
03:48:53,220 --> 03:48:57,140
Let's see, vacant versus buildable.

2086
03:48:57,340 --> 03:48:59,240
I think that was a really good thing on the lots.

2087
03:49:00,960 --> 03:49:03,360
Oh, what triggers a total revocation?

2088
03:49:03,920 --> 03:49:08,000
I mean, we haven't been processing any of that,

2089
03:49:08,140 --> 03:49:09,200
or haven't needed to.

2090
03:49:09,460 --> 03:49:11,980
I think one should have been revoked today.

2091
03:49:12,500 --> 03:49:14,020
That's just my personal opinion.

2092
03:49:14,240 --> 03:49:16,580
So how and where does that come to the board?

2093
03:49:16,580 --> 03:49:19,800
or how does somebody bring up a revocation?

2094
03:49:20,260 --> 03:49:22,480
I know there's something in the process,

2095
03:49:22,480 --> 03:49:24,220
but it's a little confusing.

2096
03:49:26,160 --> 03:49:28,740
I think we are a work in progress.

2097
03:49:29,040 --> 03:49:31,060
Code enforcement is moving right along.

2098
03:49:31,300 --> 03:49:32,100
They're getting there.

2099
03:49:32,380 --> 03:49:36,200
I think we're seeing some valuable information come back

2100
03:49:36,200 --> 03:49:37,900
with the added staff.

2101
03:49:38,360 --> 03:49:42,540
Once we're in full staffing position, again,

2102
03:49:42,540 --> 03:49:45,800
And we will be much better off.

2103
03:49:46,840 --> 03:49:51,640
And I'm happy to provide a summary, I don't need to get up to speak,

2104
03:49:51,640 --> 03:49:58,360
I can provide a summary for the board of all the other VHRs.

2105
03:49:58,360 --> 03:49:59,660
and how...

2106
03:50:00,000 --> 03:50:28,740
How the other local jurisdictions are doing this? So you just have some insight. One of the interesting ones is if somebody purchases a house, they have to wait a year before they can make it a VHR. I thought that was a really good one because we're having conflicts now with people purchasing and saying, well, I can't afford it. If I can't rent it, well, that's really not the county's problem. And so I think that's a really good one that I took from Trucke. Thank you.

2107
03:50:30,260 --> 03:50:31,020
Thank you.

2108
03:50:32,560 --> 03:50:38,740
Anybody else in the audience like to give some public comment before I go to Zoom?

2109
03:50:39,940 --> 03:50:40,840
Ms. Damien?

2110
03:50:41,760 --> 03:50:43,640
Thank you Madam Chair and Damien for the record.

2111
03:50:45,460 --> 03:50:49,440
Mr. Walder, if you could hear me, if you could state your name in full in your three minutes

2112
03:50:49,440 --> 03:50:50,000
we'll begin.

2113
03:50:51,760 --> 03:50:52,820
Thank you very much.

2114
03:50:53,120 --> 03:50:54,480
My name is Kirk Walder.

2115
03:50:54,700 --> 03:50:55,980
I live in Zephyr Cove.

2116
03:50:55,980 --> 03:50:59,720
I am speaking for myself today not as a member of the planning commission.

2117
03:51:00,420 --> 03:51:04,320
I do want to thank the chair and the advisory board members for their service.

2118
03:51:04,560 --> 03:51:09,980
They are doing a very good job and I appreciate all the time and effort that they have put

2119
03:51:09,980 --> 03:51:10,200
in.

2120
03:51:10,940 --> 03:51:16,020
I'd like to state that I'm not a vacation home rental owner and I live in an area with

2121
03:51:16,020 --> 03:51:18,620
a relatively large number of vacation home rentals.

2122
03:51:19,180 --> 03:51:24,800
Contrary to what others have said, I rarely see any significant problems or violation of

2123
03:51:24,800 --> 03:51:26,380
VHR rules in my neighborhood.

2124
03:51:26,900 --> 03:51:30,600
I did submit written comments with specific issues

2125
03:51:30,900 --> 03:51:32,440
that I believe you should address.

2126
03:51:33,460 --> 03:51:35,460
Let me amplify on a couple of items.

2127
03:51:35,880 --> 03:51:38,100
I appreciate the board's attention to the details

2128
03:51:38,100 --> 03:51:41,800
of the applications and the specifics of the current ordinance.

2129
03:51:42,500 --> 03:51:45,320
But I urge you to keep foremost in your mind

2130
03:51:45,580 --> 03:51:51,100
that the goal of a good ordinance is to set clear and simple

2131
03:51:51,100 --> 03:51:59,620
rules that allow everyone to meet the goal of a good VHR program that is safe and

2132
03:51:59,620 --> 03:52:04,920
preserves the welfare of the Tauho community. So as you consider items like

2133
03:52:04,920 --> 03:52:10,640
density, occupancy, ownership, and other parts of the ordinance, my

2134
03:52:10,640 --> 03:52:19,280
suggestion is to make a common sense rule. Don't complicate it. Don't make it so

2135
03:52:19,280 --> 03:52:28,140
So difficult for compliance that it requires many, many hours of code enforcement time and

2136
03:52:28,140 --> 03:52:37,300
concentrate on enforcement of those who issue problems and create violations.

2137
03:52:38,120 --> 03:52:42,240
So thank you for all your good work, and I appreciate your service to the county.

2138
03:52:43,200 --> 03:52:44,440
Thank you, Mr. Alder.

2139
03:52:45,620 --> 03:52:47,400
Any other public comment?

2140
03:52:49,280 --> 03:52:52,940
Thank you Madam Chair. I do have Mr. Lesser raised his hand for public comment.

2141
03:52:54,700 --> 03:52:59,460
Mr. Lesser, if you would like to make public comment on item five, please state your name

2142
03:52:59,460 --> 03:53:00,840
and your three minutes will begin.

2143
03:53:01,820 --> 03:53:06,800
Thank you. I get to tell you that I'm frankly shocked of the board's lack of due process

2144
03:53:06,800 --> 03:53:11,600
and lack of knowledge of the law. You know, in America you have a right to address your

2145
03:53:11,600 --> 03:53:18,080
accusers. And you even said I want to let the board talk before I let him address of

2146
03:53:18,080 --> 03:53:19,020
what everyone else said.

2147
03:53:19,520 --> 03:53:20,880
And you never gave me that opportunity.

2148
03:53:21,460 --> 03:53:23,360
I mean, the fact is you had someone else,

2149
03:53:23,480 --> 03:53:26,900
you had people testify that they have complained.

2150
03:53:27,200 --> 03:53:30,300
So what that means is that whoever you had hired

2151
03:53:30,300 --> 03:53:34,260
to do the sheriff is either incompetent or a liar.

2152
03:53:34,900 --> 03:53:36,740
Well, clearly you know that's not the case.

2153
03:53:36,920 --> 03:53:38,400
So someone was lying in that room.

2154
03:53:38,640 --> 03:53:40,940
If they said they've been calling the sheriff all the time

2155
03:53:40,940 --> 03:53:42,820
and the sheriff shows no record of it,

2156
03:53:43,000 --> 03:53:44,080
who do you want to believe?

2157
03:53:44,280 --> 03:53:46,240
But instead, you voted like there was complaints.

2158
03:53:46,720 --> 03:53:48,920
And are you going to do that for this next person?

2159
03:53:49,460 --> 03:53:52,020
I mean, are you going to, was this a popularity contest?

2160
03:53:52,340 --> 03:53:55,880
Mr. Lesser, we're on item number five.

2161
03:53:56,280 --> 03:53:58,440
I understand, but this is, I'm telling you,

2162
03:53:58,480 --> 03:54:00,820
are you going to treat number five the same way you treated me

2163
03:54:00,820 --> 03:54:02,120
and using that as an example?

2164
03:54:02,580 --> 03:54:04,480
And I think you need to give that opportunity

2165
03:54:04,480 --> 03:54:07,640
the person to address their accusers

2166
03:54:07,640 --> 03:54:09,460
as allowed into the Constitution.

2167
03:54:10,040 --> 03:54:11,200
You know, I think your process,

2168
03:54:11,220 --> 03:54:13,160
you're not following your own sort of rules.

2169
03:54:13,160 --> 03:54:18,340
If you're taking complaints from people a quarter of a mile away, you should do a big circle.

2170
03:54:18,580 --> 03:54:23,820
And you should have, say, tell the applicant beforehand to actually get a list of people

2171
03:54:23,820 --> 03:54:25,560
that support you a quarter mile away.

2172
03:54:25,700 --> 03:54:26,560
I would have done that.

2173
03:54:26,740 --> 03:54:28,980
I would have signed a petition, but I didn't do that.

2174
03:54:29,260 --> 03:54:33,520
I was not expecting, you know, when I last checked, there was no complaints.

2175
03:54:33,720 --> 03:54:35,160
Otherwise, I would have dressed it.

2176
03:54:35,500 --> 03:54:39,380
If someone says they knocked on the door, I would have asked the date and time, and I would

2177
03:54:39,380 --> 03:54:43,980
to show in a ticked camera of that date and time to show that that was a complete fabrication.

2178
03:54:44,920 --> 03:54:48,040
You know, so these are the things that you hear these people complaining.

2179
03:54:48,260 --> 03:54:51,180
I mean, one of the persons complained, look at the roads.

2180
03:54:51,340 --> 03:54:53,120
I think for this next person, look at the roads.

2181
03:54:53,640 --> 03:54:53,880
Yes?

2182
03:54:54,200 --> 03:54:56,080
We need to move on.

2183
03:54:56,260 --> 03:54:59,380
We've heard your testimony about your property.

2184
03:55:00,000 --> 03:55:27,220
But you're not going to let me address the process, like I'm going to address the road. When you take a complaint from someone that says the road was blocked and they couldn't get around, I expect this board to go look at the road and see, oh, gee, it's a loop. So that's not really true. They could have driven around if it was truly blocked. You know, I mean, that's what I'm saying is I think you guys are very anti thing. And the fact is 18 years, no complaints. And you take five people. I hope you do a fair process.

2185
03:55:27,220 --> 03:55:28,540
We need to move on.

2186
03:55:28,800 --> 03:55:29,180
Thank you,

2187
03:55:31,960 --> 03:55:34,060
anybody else?

2188
03:55:34,360 --> 03:55:38,140
There are no other online public comments.

2189
03:55:38,340 --> 03:55:38,680
I'll go on.

2190
03:55:38,700 --> 03:55:39,100
Madam Chair.

2191
03:55:40,300 --> 03:55:41,080
Mr. Taylor.

2192
03:55:41,180 --> 03:55:47,500
Yeah, I did want to correct for the record just something to put out in public.

2193
03:55:47,720 --> 03:55:49,160
And just I wanted to make it very clear.

2194
03:55:49,680 --> 03:55:55,100
Do you have considerable discretion in terms of determining how long people speak and who speaks?

2195
03:55:55,840 --> 03:56:07,780
Also, the OML, this is from the AG's manual on page 70, 2019 manual, it says the OML allows considerable discretion to the public body as the length of time allowed to speakers.

2196
03:56:07,980 --> 03:56:13,020
There is no statutory or constitutional requirement that each speaker's time be correlated mathematically.

2197
03:56:14,140 --> 03:56:22,900
However, any public comment limitation including when public comments will be allowed and whether public comment will be allowed in current items must be articulated on the body's agenda.

2198
03:56:22,900 --> 03:56:32,420
I will note for the record that you do have considerable discretion to allow more time for people to speak, but whenever you have a limitation on people's time, that needs to be on the agenda.

2199
03:56:33,020 --> 03:56:36,180
So that is something I wanted to clarify for the record.

2200
03:56:37,300 --> 03:56:38,680
Thank you, Mr. Taylor.

2201
03:56:39,940 --> 03:56:47,040
I'm not sure I have the mechanism to turn off somebody from right this seat.

2202
03:56:48,760 --> 03:56:54,720
No, but you can direct the clerk or misdemean to cut somebody off.

2203
03:56:54,940 --> 03:57:01,080
And the event that somebody is either talking about an item that is not being discussed.

2204
03:57:01,360 --> 03:57:09,260
For example, Mr. Lesser was discussing something related clearly to item number four when we were discussing item number five.

2205
03:57:09,820 --> 03:57:15,260
And you have the ability to cut them off if it's not germane to the subject item being discussed before the board.

2206
03:57:15,260 --> 03:57:15,340
Board.

2207
03:57:18,020 --> 03:57:18,500
Thank you.

2208
03:57:19,040 --> 03:57:19,540
Okay.

2209
03:57:20,160 --> 03:57:20,480
Board.

2210
03:57:21,500 --> 03:57:22,660
Throw out your ideas.

2211
03:57:23,880 --> 03:57:24,480
Fast.

2212
03:57:27,440 --> 03:57:28,600
Thank you Madam Chair.

2213
03:57:29,040 --> 03:57:35,300
If I may start it off, first of all I want to thank you for all the input you've received

2214
03:57:35,300 --> 03:57:37,420
from me and probably all the others.

2215
03:57:38,120 --> 03:57:46,620
I give input on ordinances and I give input on procedures and so I've tried to stick to just

2216
03:57:46,620 --> 03:57:55,700
ordinances this time. And one of the things that I would like to look at is not just the density of

2217
03:57:55,700 --> 03:58:06,120
regions but the density of within those regions. In other words, having a Tier 2 and

2218
03:58:06,120 --> 03:58:14,260
2 Tier 3s surrounding you would be, in my opinion, a very high density to have. And we received a

2219
03:58:14,260 --> 03:58:21,940
letter from an individual fairly close to my neighborhood that he's surrounded now.

2220
03:58:22,340 --> 03:58:28,700
And so that's what I would like to look at is dive into more restrictions or

2221
03:58:28,700 --> 03:58:36,980
just ideas that can keep the density not just concentrated in one area.

2222
03:58:37,800 --> 03:58:41,180
The second one I'd like to look at as an ordinance, and

2223
03:58:41,180 --> 03:58:47,800
And I don't know the background on this is this 50 person guest limit for tier 3, I think

2224
03:58:47,800 --> 03:58:52,920
is very confusing to everybody in the audience and people in general.

2225
03:58:53,140 --> 03:59:01,140
And I think there should be a per item that could be, in other words, the first one we

2226
03:59:01,140 --> 03:59:06,160
heard might be a 50 person total, but others may not be.

2227
03:59:06,440 --> 03:59:08,040
So I'd like to look into that.

2228
03:59:08,040 --> 03:59:12,720
And I'd like to look into that not just for tier three, but also place that on a tier two.

2229
03:59:13,820 --> 03:59:16,640
Noise and monitors and cameras is my third one.

2230
03:59:17,840 --> 03:59:19,760
I think they should be standardized.

2231
03:59:20,500 --> 03:59:26,860
I think we just have a hodgepodge of monitors and out there that.

2232
03:59:27,760 --> 03:59:31,800
And I think they all should be web-based.

2233
03:59:32,440 --> 03:59:36,140
And they all should have access to our code enforcement.

2234
03:59:36,140 --> 03:59:48,200
it. And possibly even a camera on the driveway. So that's my top three that I have right

2235
03:59:48,200 --> 03:59:54,540
now. Thank you, Michael. We'll get to everybody's, but it won't be tonight. I mean, we'll

2236
03:59:54,540 --> 03:59:58,640
get to everybody's top three, but not. We'll make a list. So Keith, if you would give us yours.

2237
03:59:58,960 --> 03:59:59,560
Yes, ma'am.

2238
04:00:00,000 --> 04:00:17,720
Noise monitors, I think we need to set standards on that they're your web base, that they have a log that they keep, and how long that log should be, and the log should not be dependent on an event, it ought to be just the totality of it. So I always noise monitors.

2239
04:00:19,740 --> 04:00:29,420
I wish this not to be part of the top three, but I believe we need to look at insurance. I believe that your ability to bring a case against a

2240
04:00:29,420 --> 04:00:34,320
an insurance company is different if they're not in Nevada, but I don't know that.

2241
04:00:34,700 --> 04:00:40,180
So after the next three, I would like to look at insurance and maybe change the regulations about,

2242
04:00:40,560 --> 04:00:43,080
do they have to have an Nevada insurance or what all that mean?

2243
04:00:43,580 --> 04:00:44,760
Trash is my third.

2244
04:00:45,480 --> 04:00:51,780
It seemed to me that the committee was more interested in making sure trash was disposed of properly,

2245
04:00:51,780 --> 04:00:53,180
not necessarily just on the site.

2246
04:00:53,500 --> 04:00:56,400
And I think we've got the site, we've got some stuff in the ordinance,

2247
04:00:56,400 --> 04:01:03,760
But it doesn't do any good to have an account with Salt Lake Tahoe Refuge.

2248
04:01:04,020 --> 04:01:11,160
If your cleaners want to throw it in your neighbors, yeah, a container.

2249
04:01:11,760 --> 04:01:16,980
So I think we need to think through that and see how we can make sure that that's not happening.

2250
04:01:18,940 --> 04:01:20,300
Thank you, Keith, Patty.

2251
04:01:22,740 --> 04:01:26,840
Well, I do have concerns about the density in the neighborhoods.

2252
04:01:26,840 --> 04:01:35,580
Whether it be Tier 2 or Tier 3, and I kind of agree with Mike on that.

2253
04:01:35,800 --> 04:01:43,520
Also, the 50 people, you know, added additional persons on Tier 2 and 3, the noise monitors.

2254
04:01:44,340 --> 04:01:48,720
The one thing that I would like to maybe try to address is the trash issue.

2255
04:01:48,720 --> 04:01:57,880
So, as we have it required that there's bear boxes, well, if they have a two tier is one small bear box going to be enough.

2256
04:01:59,000 --> 04:02:05,780
What would like maybe South Tahoe Refuge recommend for if you're going to have 18 people there?

2257
04:02:06,240 --> 04:02:18,240
You need bear box that would accommodate like four cans or something like that, but trying to get a better idea of what would require rather than just voluntary.

2258
04:02:18,240 --> 04:02:23,060
Yeah, I got one beer box and it's one can and I have 12 people here for the weekend.

2259
04:02:25,140 --> 04:02:25,820
Thank you.

2260
04:02:26,000 --> 04:02:26,720
Thank you, Paddy.

2261
04:02:26,820 --> 04:02:28,300
Yeah, the trash is kind of vague.

2262
04:02:28,900 --> 04:02:29,120
Lauren.

2263
04:02:31,160 --> 04:02:38,400
Okay, so some gray areas in what we had discussed that didn't kind of come through completely.

2264
04:02:38,600 --> 04:02:45,500
And one of those things that we need to address in my opinion is we talk about a bedroom being a primary room.

2265
04:02:45,500 --> 04:02:49,280
I think this board is getting a little bit more clarity as to the things that can happen,

2266
04:02:50,060 --> 04:02:55,520
and I think we're getting there. However, it doesn't exempt studios, and I think we really need

2267
04:02:55,520 --> 04:03:00,860
to get the wording in there for studios because studios are allowed. And that is a totally different

2268
04:03:00,860 --> 04:03:07,340
and separate entity than what we were talking about as far as trying to cram everyone into every

2269
04:03:07,340 --> 04:03:13,820
little look and cranny of a place. So I think we need to address the wording of a studio

2270
04:03:13,820 --> 04:03:16,900
to ensure that that is acceptable and not part of that.

2271
04:03:19,580 --> 04:03:25,280
This is, I don't believe this is process because it is in the ordinance, but I might

2272
04:03:25,280 --> 04:03:29,480
be on, I might be on the edge here, so knock me over if I am.

2273
04:03:30,480 --> 04:03:35,980
I really think at some point we need to talk about how a tier 3 application and applicant

2274
04:03:35,980 --> 04:03:40,080
is not a tier 3 until they are approved by this board.

2275
04:03:40,080 --> 04:03:45,920
I think it really sets people up for kind of like Ms. Gunter said the other day, well, wait a minute.

2276
04:03:46,060 --> 04:03:52,500
And I have reservations for these numbers, and I don't think you should be able to advertise until that.

2277
04:03:52,620 --> 04:03:57,400
And it is in the ordinance, maybe we just need to reword it differently in the ordinance.

2278
04:03:57,600 --> 04:04:04,440
And Mr. Delair, it may be, and I don't know, you know, school me on this, is it because we've had,

2279
04:04:04,660 --> 04:04:08,140
because of this new ordinance that we're kind of in a different section.

2280
04:04:08,140 --> 04:04:13,800
And once we get through that section, then yes, we will have it as you will operate as a tier two until three.

2281
04:04:14,120 --> 04:04:19,820
So maybe it's already fixed, and I might see, I've got my thing fixed already.

2282
04:04:21,260 --> 04:04:23,980
Well, can I get clarification from Mr. Delaire?

2283
04:04:26,890 --> 04:04:28,370
Thank you, Tom Delaire, for the record.

2284
04:04:29,090 --> 04:04:37,330
Yes, Mr. Murrow, I mean, this is the 180 days I think was put in there to for that buffer zone.

2285
04:04:37,330 --> 04:04:44,530
because they went, these homes went from like 20 people to 16 and they gave them six months

2286
04:04:45,030 --> 04:04:50,970
in order to get into compliance with whatever, you know, come to you guys, getting to compliance

2287
04:04:50,970 --> 04:04:57,430
if you guys deny it, then it goes down to 10 people. And there's still going to be some areas where,

2288
04:04:57,430 --> 04:04:59,970
or some units that...

2289
04:05:00,000 --> 04:05:29,900
That have the potential of, you know, multiple stays out past that time frame, you know, if they, if they started today, they might have an eight month. I'm not one of those people that plan that far ahead, but they are, they are out there. So I think, so I, yeah, anyway, I'll just leave it at that for the 180 days. And it's in the code. And that'll finally stop once, once we now have a new person who's coming in asking for a tier three that doesn't already have a permit.

2290
04:05:29,900 --> 04:05:33,320
can we limit them to a tier two until they're approved?

2291
04:05:33,700 --> 04:05:36,020
Yes, after that first cycle of one year

2292
04:05:36,020 --> 04:05:37,700
of processing these per applications,

2293
04:05:38,000 --> 04:05:40,800
now everybody's cut down to two per bedroom

2294
04:05:40,800 --> 04:05:42,400
and they don't have the additional floor.

2295
04:05:42,920 --> 04:05:45,260
So that's helpful, but we'll see what happens

2296
04:05:45,260 --> 04:05:46,040
with the settlement.

2297
04:05:46,600 --> 04:05:48,600
Okay, thank you.

2298
04:05:49,040 --> 04:05:52,020
The one that was not part of my list,

2299
04:05:52,120 --> 04:05:54,180
but is part of my list after our meeting today

2300
04:05:54,180 --> 04:05:56,060
is we really need, in my opinion,

2301
04:05:56,240 --> 04:05:59,420
to have a discussion about multiple living areas

2302
04:05:59,420 --> 04:06:05,320
within a certain area. So in our, in the case of where we had, we had a guy who he's got an

2303
04:06:05,320 --> 04:06:11,140
area in which he lives. Now Douglas County doesn't see that as a livable place. But if he decides to let a

2304
04:06:11,140 --> 04:06:16,340
friend stay there, and he calls up because he's having a heart attack, and he says, I'm having a

2305
04:06:16,340 --> 04:06:21,820
heart attack, I'm at 342 Marianne, which is downstairs and in some crazy little place somewhere,

2306
04:06:22,240 --> 04:06:27,260
and they get to 342 Marianne, and they say, nobody's having a heart attack here, because there's no actual 911

2307
04:06:27,260 --> 04:06:34,680
want to address, it's just not, we're talking about cramming more people in a space again.

2308
04:06:34,860 --> 04:06:40,120
So I'd like to discuss that, and because I added that one, I also agree with the 50 people

2309
04:06:40,120 --> 04:06:44,060
thing that we need to address that because I don't, I don't know where that came from,

2310
04:06:44,400 --> 04:06:49,000
and I just don't, I think a blanket 50 people is just kind of muddy.

2311
04:06:50,040 --> 04:06:52,520
Thank you, Lauren, and I also agree with that.

2312
04:06:52,660 --> 04:06:55,540
I don't know where the 50 thing came, and I don't understand.

2313
04:06:55,540 --> 04:07:01,780
And there's very few neighborhoods that could handle that kind of cars and occupants.

2314
04:07:03,680 --> 04:07:15,440
Mine, one is that I'd like to follow through on one of the things Mr. Walder brought up is that maybe we do need a survey of some sort.

2315
04:07:15,600 --> 04:07:24,640
But neighborhood by neighborhood, because some neighborhood seemed to kind of be okay with their vacation rental program in their neighborhood.

2316
04:07:24,640 --> 04:07:27,700
and some neighborhoods seem to be vehemently against them.

2317
04:07:28,440 --> 04:07:31,880
So I would like to see us do some more research on that.

2318
04:07:33,150 --> 04:07:39,220
I also kind of have issues with there being more than one permit on a parcel.

2319
04:07:41,560 --> 04:07:50,160
That just causes a lot of problems in neighborhoods when you have two permitted properties on one

2320
04:07:50,160 --> 04:07:50,900
APN.

2321
04:07:50,900 --> 04:08:01,180
And the other thing I'd like to throw out there is something that Mr. Rice once said was that in Round Hill they charge commercial rates for water and sewer on VHRs.

2322
04:08:01,840 --> 04:08:13,260
Most of us don't have that option because our sewer is through like an elevated Glenbrook, it's through the Tahoe Douglas District and our water is through Douglas County.

2323
04:08:13,260 --> 04:08:25,100
And I just think it might be a small bandaid to give to people, the homeowners that are paying the rates and seeing 16 and 20 people weekly in another home.

2324
04:08:25,600 --> 04:08:27,640
And they're paying the same rates as you are.

2325
04:08:28,240 --> 04:08:31,820
And I would like to explore that possibility.

2326
04:08:32,420 --> 04:08:34,160
Those are my top three.

2327
04:08:36,340 --> 04:08:42,300
From here I'd like to, we have everything together, we're going to go over it again.

2328
04:08:42,300 --> 04:08:43,600
We'll bring up new ideas.

2329
04:08:44,120 --> 04:08:46,780
I'd really like to look at what some of the other counties are doing.

2330
04:08:47,060 --> 04:08:53,080
I've been keeping a list of things I've seen in the various counties so that things

2331
04:08:53,080 --> 04:08:55,220
that kind of jump out of me is a good idea.

2332
04:08:55,920 --> 04:09:00,320
So that's something maybe we should all be kind of exploring independently of what's happening

2333
04:09:00,320 --> 04:09:08,300
around the basin and that is all I have for today unless someone wants to vote on something.

2334
04:09:08,740 --> 04:09:10,540
I'm not inclined to want to take a vote.

2335
04:09:11,380 --> 04:09:11,860
No.

2336
04:09:13,660 --> 04:09:14,140
Oh.

2337
04:09:15,060 --> 04:09:15,540
No?

2338
04:09:15,700 --> 04:09:16,320
He's quiet.

2339
04:09:16,600 --> 04:09:16,860
Okay.

2340
04:09:17,520 --> 04:09:20,780
Well, I need public, ending public, or closing public comment.

2341
04:09:20,960 --> 04:09:21,460
Do not let.

2342
04:09:22,380 --> 04:09:23,900
Closing public comment.

2343
04:09:24,200 --> 04:09:24,280
Oh.

2344
04:09:24,600 --> 04:09:25,240
Here she comes.

2345
04:09:28,200 --> 04:09:32,140
I take every opportunity and try not to use up three minutes.

2346
04:09:32,400 --> 04:09:33,560
I want to thank, Jen Davidson.

2347
04:09:34,040 --> 04:09:36,900
I want to thank, Tom, I want to thank, Mr. Gaveon.

2348
04:09:37,000 --> 04:09:38,360
I want to thank all of you folks.

2349
04:09:38,360 --> 04:09:50,300
This is a work in progress, and I sat through nine years to get the regional plan update done, so I know what all this is.

2350
04:09:50,500 --> 04:09:59,980
I've sat on, I'm never a task force member, I'm never a board member, I'm better as a member of public, and everybody can keep asking me to go run for something.

2351
04:10:00,000 --> 04:10:29,840
I'm not going to happen. I find the time. I hope I make meaningful comments. I will still provide a summary. And again, just a big shout out to everybody didn't forget you over there, Mr. D.A. And of course, our clerks that are endlessly back and forth helping with us. I mean, it does take the village. And the village means everybody no matter what side you're on. And I believe we can make this work.

2352
04:10:29,840 --> 04:10:39,220
I think it's going to be a multi-year process to hopefully get TRPA involved at a regional

2353
04:10:39,220 --> 04:10:39,600
level.

2354
04:10:40,160 --> 04:10:47,420
They need to weigh in, we spent many years having TRPA be the oversight, we handed it back

2355
04:10:47,420 --> 04:10:48,180
to the jurisdictions.

2356
04:10:48,460 --> 04:10:52,020
Now each jurisdiction is struggling with this VHR process.

2357
04:10:52,320 --> 04:10:52,640
Thank you.

2358
04:10:54,200 --> 04:10:55,180
Thank you, Ms. Waller.

2359
04:11:00,230 --> 04:11:06,490
Dan Ainsworth, boy, I'd like to second what Ellie just said about thank yous to everybody.

2360
04:11:07,190 --> 04:11:17,310
A lot of work, a lot of time and effort, a lot of issues to think about, so I'm glad you are on the VHR Advisory Board.

2361
04:11:18,210 --> 04:11:19,910
Not me, Patty.

2362
04:11:22,590 --> 04:11:24,270
Just thought I'd throw that one in there.

2363
04:11:24,270 --> 04:11:33,930
So since I'm going to throw one more thing out here that is obviously it's kind of an emotional thing in some respects and somewhat controversial.

2364
04:11:34,450 --> 04:11:41,770
But since you haven't really taken up some of the other things that I've mentioned so far, I'll throw this one out there and that's ownership.

2365
04:11:42,350 --> 04:11:43,870
I'd like you to talk about ownership.

2366
04:11:43,870 --> 04:11:48,190
I used to have a condo at mammoth with two other couples.

2367
04:11:48,850 --> 04:11:49,890
It was a partnership.

2368
04:11:50,510 --> 04:11:56,730
The three couples, skeed together, rented it out, skeed together, rented it out, worked

2369
04:11:56,730 --> 04:11:59,330
out great, obviously more affordable for all three.

2370
04:11:59,710 --> 04:12:04,150
I just don't understand why that can't be allowable in our system here.

2371
04:12:04,790 --> 04:12:08,370
It makes absolutely no sense to me that that should be prohibited.

2372
04:12:09,150 --> 04:12:11,350
Owners don't cause the issues.

2373
04:12:11,350 --> 04:12:16,390
renders that cause the issues. And if there's an issue, it'll be addressed by the property

2374
04:12:16,390 --> 04:12:21,750
manager. This is theoretical now, right? That's the way the ordinance is written, whoever

2375
04:12:21,750 --> 04:12:28,390
that is. That's got to be in place. If not, the normal citations, etc., will be levied

2376
04:12:28,870 --> 04:12:35,190
to many you pull the permit once again. That's the way it's set up. That's the whole concept

2377
04:12:35,190 --> 04:12:39,110
except behind the ordinance and the provisions in it.

2378
04:12:39,590 --> 04:12:41,670
So please put that on your list too.

2379
04:12:42,130 --> 04:12:43,610
Thanks, have a nice evening.

2380
04:12:44,830 --> 04:12:46,270
Thank you Mr. Rangeworth.

2381
04:12:46,910 --> 04:12:47,790
Any other public comment?

2382
04:12:48,350 --> 04:12:51,530
Any closing public comment from Zoom?

2383
04:12:51,990 --> 04:12:54,290
There is no closing public comment on Zoom.

2384
04:12:54,690 --> 04:12:56,010
Thank you, Mr. Damien.

2385
04:12:56,190 --> 04:12:57,290
Let's adjourn this meeting.

2386
04:12:57,290 --> 04:12:57,470
hehe.