Registration required for short-term rentals

Robert M. Graubard, a New York state attorney and city property owner, in trust, for two short term rental properties, was the in absentia source of controversy before Monday night’s regular meeting of the St. Augustine City Commission.

Graubard Revocable Trust is the owner of property at 33 Water Street that has been advertised on the Internet (www.bayfrontmansion.com) as a vacation rental and wedding or event venue for up to 100 or 125 people depending on which page you read. The property sits squarely within an RS-1 zoned residential neighborhood — where little more than a home office could be licensed under the city’s zoning codes.

The Internet advertising of the Water Street property as a “hotel alternative” tends to reinforce complaints from neighbors and others that Graubard is operating a business without a license in a location where the appropriate license could never be issued without a complete re-zoning.

According to the City Planning and Building Department, a “hotel” could only be licensed and approved, without re-zoning or an exception, in areas designated as commercial. Since the Water Street home is over 50 years old, if it had an onsite manager and all the other requirements of a “bed and breakfast”, it could be operated as such in Historic Districts HP-2 or HP-3, or, in the residential mixed-use category RG-1, however, a “hotel” could only be operated in those areas with an exception, and neither of those uses, “hotel” or “bed and breakfast” are allowed in RS-1 zoning.

The concern brought forward to the commission has been a hullabaloo of sorts since action taken to register short term rental properties, as had been suggested, could bring unwanted or unwarranted attention from the property appraiser examining eligibility for homestead tax exemptions.

An hour of debate and public comment followed including options for lesser action by the commission. Pat Merritt, who owns two Water Street properties, criticized the nuisance created by Graubard’s commercial use of the home.

Ian MacDonald complained that guests at Graubard’s house consume all of the available parking for other residents — even blocks away. Later in the evening, MacDonald’s request to designate three parking spaces on Shenandoah Street as “resident only” spaces would be approved.

Virginia Whetstone-Maguire said she was watching the meeting on television and rushed down to share her poor experiences with Graubard and his guests; specifically identifying amplified music as the source of many complaints.

Graubard, himself, has complained in the past about events near his Bayfront Marin House on Marine Street that are similar to the ones held at his residential property on Water Street.

City Manager John Regan said “The matter on Water Street could be enforced under current city code.” Commissioners weren’t swayed by that or a letter from Graubard promising to discontinue wedding reservations at the end of 2010 if the commission would not adopt the new ordinance.

Graubard says he already has booked six reservations through the end of this year and nine so far for 2011.

Complaints from Abbott Tract residents, including Maureen Boles, the mayor’s mother, won out in the end. The commission unanimously voted to require registration of residential property if it is rented more than four times a year. Gatherings at registered properties will be limited to less than 20 renters and their guests. Under the adopted ordinance, violations at registered properties can draw a $250 a day fine for each day of the rental period — as opposed to $250 for a single instance under previous code. Repeated violations escalate to $500 a day.

The new ordinance does not apply to owners of residential property rented on a long term basis; no more than 4 times each year. Proper registration does not negate restrictions imposed by the city’s noise ordinance, county’s underage house party ordinance, or any other state or local law.