Update March 29, 2019: One of the complications that has occurred is the definition of a “blackface” and whether it includes accessory dwelling units (ADUs) or what we use to call “back houses.”
February 17, 2019
Board of Adjustment
1901 S. Alamo
San Antonio, TX
Attn: Chair Roger Martinez
Re: The Short Term Rental Ordinance
Dear Mr. Martinez,
As citizens that served at the Development Services Department’s request on the Short Term Rental Task Force, we would like to express our appreciation for your support of the ordinance during a recent Board of Adjustments hearing.
I attended the pre-hearing work session and was dismayed to find out that the commissioners had to learn in a rapid fire 30 minutes what my fellow STR TF members and staff and I worked on for 19 months. (April 2017 – Nov 1 2018) I felt compelled to follow-up with you and provide a copy of the statement that I mostly got to read (the new 2 min limit threw me off) at the hearing on February 18th.
“Those of us that were asked to serve and represent a neighborhood voice gave up several concessions in order to focus on the issue of Type 2 density. This was the most important part of the ordinance that we fought for and that we heard from the public was their top concern. By placing a restriction of 12.5% per block face we hoped to minimize the commercialization of residential streets. In the case of multi-family properties and condos, the restriction was designed with the idea that neighborhoods should not have to lose their residential character so that a property owner could operate a mini-hotel within their community.
And while it was always understood that a property owner would have the legal right to request a Special Exception in order to circumvent this restriction, I think the hope was that DSD staff would review that request within the context of the work that had been done by the STR Task Force, the input that had been received by the community and the goals of the SA Tomorrow Comprehensive Plan, all of which would provide a strong argument against allowing for the operation of a commercial business in the middle of a residential block and protect neighborhoods from losing their residential integrity. In addition, the concession was made that those operators that were already registered with the city and current on their legal obligation to pay the HOTax, which was required prior to the implementation of the STR Ordinance, would be grandfathered. And yet here we are, 7 days after the deadline to register, already considering a case that would push that work around to its very limits.
I also understand that staff has a set of pre-determined criteria that they need to use as a guideline, but I question how they have responded to some of those. While the property is already an MF property, so already being used for rentals, and therefore staff does not feel that it makes a difference whether those are long term rentals or tourist accommodations, I wonder if the other 6 tenants living in the building feel the same way. It should also be noted that although many of the surrounding properties are zoned MF33, they are in fact single family properties and so the zoning is not reflective of the use.
In closing, we ask the commission to deny this request under the spirit of what the task force worked to balance between neighborhood preservation and the rights of property owners.
STR Task Force Members,
Cosima Colvin
Cynthia Spielman
Tony Garcia
Jim Smith
Cullen Jones
Charlotte Kerr-Jorgensen
It should be noted that Cynthia Spielman, Charlotte Kerr-Jorgensen and Jim Smith are STR Operators.”
We hope that you and your fellow Commissioners will be provided with additional training and resource material to be able to more comfortably consider STR Special Exception Requests. Although we stand behind the ordinance as a whole, we believe it will be requests based on the density restrictions that will test the ordinance’s mettle and the Commission’s. I want to affirm that we are not saying that there should never be a Special Exception granted, but that they be meted out judiciously. Our group will continue to advocate for support of the ordinance
Lastly, we know that it is an important consideration of the Commissioners to hear from the neighbors and Neighborhood Association most directly affected, but in truth, STRs are an increasing issue in many of our urban core neighborhoods and precedents that get set in one will affect others. The citizens count on the Board of Adjustments’ members to consider their well-being as a matter of course, whether they are able to participate in the process or not.
We thank you for your service to our city and its residents.
Sincerely,
STR Task Force Members,
Cosima Colvin
Tony Garcia
Cullen Jones
Charlotte Kerr-Jorgensen
Jim Smith
Cynthia Spielman
I think it would be interesting to look at the criteria that DSD is using now and a couple of cases back when they were approving all the cases. Cosima, want to write something on it?
Need to edit “blackface” to blockface
Did y’all get the info about the STR meeting on April 15?
The good news is that staff recommended denial of the two requests for Special Exception at last week’s hearing. Progress!