The city’s last special-use permit for a short-term rental was granted before a subcommittee offers guidance on when or when not to approve the special use in Boerne.
Boerne city staff have begun the process of combing the city – outside of the downtown and River Road overlay districts where short-term rentals are automatically allowed – for short-term rentals in the city operating without the appropriate permit.
The city’s new Unified Development Code implemented last year has updated regulations, requiring special-use permits for any shortterm rental outside of the downtown overlay district and the River Road overlay district. Now, short-term rental requests are treated much like zoning requests as the city hosts BOND meetings with nearby residents before bringing the request to the planners.
Earlier this year, the Boerne Planning and Zoning Commission realized some guidance was needed to help determine when to approve a special-use permit after several of the unpermitted uses were coming before the planners. A Wanda Street property purchased as an investment property ignited much debate among the planners last month as half the planners were hesitant to approve the special use without a committee recommendation while the rest of the planners were apprehensive about shutting down a property-owner’s business while the process was underway.
The Wanda Street property moved forward to the city council last week, after a hesitant and somewhat strong-armed approval through the planning and zoning commission last month, and the council approved the permit in a 4-1 vote.
However, this will be the last special-use permit for a short-term rental brought before council members until the subcommittee tasked with developing guidelines for approval or denial has completed its work, something District 2 Councilmember Nina Woolard seemed concerned about.
Woolard said any other time the city has a subcommittee working on recommendations, it holds off on making decisions until the council receives the committee’s report. Woolard pointed out the other properties seeking special-use permits were granted a temporary permit until the subcommittee’s report is completed, and she asked if the council could table the discussion and the short-term rental could continue to operate under a similar permit.
Mayor Tim Handren said because the council was scheduled to take action on the special-use permit that evening, a denial of it would mean the Wanda Street property could no longer operate.
Before city council’s vote, Boerne’s Planning and Development Director Laura Haning informed council members there was one other short-term rental property within 1,300 feet of the Wanda Street rental. In fact, the rental was next door to the property in question, but there were no other short-term rentals in the area.
District 5 Councilmember Joe Macaluso expressed some concern with this figure, seeking confirmation it was correct. He pointed out Haning said city staff was still combing through the city to locate any short-term rentals operating out of compliance with the new UDC’s permit ting requirements, saying he wanted to know how many short-term rentals were operating near the Wanda Street property both with a permit or without.
Additionally, Macaluso expressed concern about the lack of guidance the council has on when to approve or deny a special-use permit, saying he didn’t want to see the entire block become short-term rental properties.
District 4 Councilmember Bryce Boddie sought confirmation that the Wanda Street property would need to adhere to any parameters set forth by the subcommittee even if the council approved the permit that evening. Haning said the Wanda Street property will be held to the subcommittee’s standards.
Lastly before the vote, Haning confirmed this would be the last special-use permit for a short-term rental the council would hear before the subcommittee’s report is completed, saying city staff will continue to issue temporary permits until the council has received the report.
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