Zoning Board of Adjustment

City of Laconia Zoning Board of Adjustment Monday, December 10, 2018 - 6:00 PM City Hall Conference Room 200B 12/10/2018 - Minutes 1. CALL TO ORDER Meeting was called to order at 6:03 PM by Chair Steven Bogert. 2. ROLL CALL R. Mora conducted a roll call with the following members present: S. Bogert; O. Gibbs; R.Maheu; S. Perley; M. DellaVecchia Members Absent: M. Foote 3. STAFF IN ATTENDANCE Dean Trefethen, Planning Director; Rob Mora, Assistant Planner 4. RECORDING SECRETARY K. Clark, Zoning Technician 5. WORKSHOP Dean Trefethen, Planning Director outlined the legal opinion provided by counsel. The best definition in the Ordinance to encompass the Air Bnb rentals is “board/rooming/lodging house”. The other definition would be “hotel/motel/inn”. A hotel/motel/inn is defined as “a facility offering transient lodging accommodations to the general public and which may provide additional services such as restaurants, meeting rooms and recreational facilities". It was noted that these are subject to Site Plan Review process and are not a concern. A boarding/rooming/lodging house is defined as "a dwelling, other than a hotel or motel, where lodging or lodging and meals are provided for compensation and personal services such as laundry may be offered". Air Bnb are located in a house and are short term rentals and meet the criteria of a boarding/rooming/lodging house. After much discussion by CIty Council it was decided to enforce the ordinance by acting only on a complaint basis. D. Trefethen also noted that this is a short term rental, not a roommate type of situation. The collection of the room and meals tax was briefly discussed after a question by member S. Perley. D. Trefethen stated that it is not the purview of the City to enforce the payment of the taxes. It was noted that if the rentals are reserved through websites such as Air Bnb or VRBO that the room and meals tax is automatically charged to the client, whether the owner forwards the tax revenue to the State of NH is not known. The board members discussed the fact that these rentals have been around for a long time. What has changed is the technology. There is no longer a personal connection, the only contact is through the computer. It removes the sense of accountability. It was noted that the biggest issues are noise, parking and trash. Noise and parking are the police department’s jurisdiction, the trash is the DPW. The cause of the problems is the use which is a zoning matter. O. Gibbs raised the question can the ZBA grant a variance with conditions.  through the computer. It removes the sense of accountability. It was noted that the biggest issues are noise, parking and trash. Noise and parking are the police department’s jurisdiction, the trash is the DPW. The cause of the problems is the use which is a zoning matter. O. Gibbs raised the question can the ZBA grant a variance with conditions. S. Perley and O. Gibbs discussed the determination of hardship as it pertains to the Air Bnb issue. Hardships must be a unique characteristic of the property, not a financial issue. Chair S. Bogert stated that they are doing something for profit; by definition that is a business. Members discussed the fact that the unregulated Bnbs are not reviewed for compliance to fire safety code, occupancy limits, etc. like the hotel/motel/inns are. The members also discussed properties that are regulated by homeowners associations or condominium associations. If the ZBA grants a variance do they take these into consideration or is that a civil matter between the respective association and the property owner. The board reviewed that if a variance were granted that as a condition of approval that fire, safety and health codes be adhered to (including inspections by appropriate agency). If it is deemed that the conditions are not met then the variance or special exception could be revoked. S. Perley commented that every case is individual, there are so many variables. M. DellaVecchia commented that it is a “don’t ask, don’t tell” approach (referencing the complaint based enforcement). Chair S. Bogert noted that when applications are heard by the ZBA that they discuss all the criteria and that the reasons for approval or denial are clearly stated in the minutes. D. Trefethen commented that if an application is denied, some will stop, some will not. S. Perley commented that the ZBA should consider the abutters comments when making their decision. M. DellaVecchia commented that they have to be careful not to open a can of worms. After a very brief discussion regarding the setting of a precedent, the meeting adjourned at 7:12 PM. 6. OTHER BUSINESS None. 7. ADJOURNMENT The meeting adjourned at 7:12 PM Minutes Respectfully Submitted by: Karen Clark, Zoning Technician This meeting facility is ADA accessible. Any person with a disability who wishes to attend this public meeting and needs additional accommodations, please contact the department at (603) 527-1264 at least 72 hours in advance so necessary arrangements can be made.