Harpersfield BZA denies application for conditional use permit for Airbnb’s

BY BOB ETTINGER and ERIC HRIN
Gazette Newspapers

HARPERSFIELD TOWNSHIP – People in the audience applauded following a decision by the Harpersfield Township Board of Zoning Appeals on Jan. 7 to deny a conditional use permit for some Airbnb’s on Beringer Place.
At the Harpersfield Township Community Center, the ZBA held a public hearing for a conditional use permit to use three residences SPIRE owns on Beringer Place as Airbnb’s. Several people testified against the application during the hearing during the public comment portion.
The BZA members also had their misgivings.
“I do have some concerns with the application,” Ashley Kirk, Harpersfield Township, zoning board of appeals chair, said prior to the vote. “I don’t think that an Airbnb meets the definition of bed and breakfast under the code.”
The conditional use filings for the properties were filed under the bed and breakfast category.
“The definition is pretty clear that there needs to be someone living in the house,” Kirk said. “Breakfast must be provided.”
She also thought there were some concerns with enforcement.
“And I think that the evidence presented today has not necessarily been adequate to show that the conditions for the conditional use have been met,” she said. “There are multiple properties being used for this use on the street.” She didn’t think it was necessarily in keeping with the character of the neighborhood.
“This is an R-1 neighborhood,” she said.
She moved to deny the application for a conditional use permit, which was seconded and passed unanimously.
“The permit has been denied,” Kirk said. “You do have a right of appeal. I believe you have 30 days to appeal.”
SPIRE was represented at the meeting by Sandy Marenberg, development manager for Blue Ocean, an affiliate of SPIRE, and Rob Spencer, property manager.
When asked for comment after the hearing, Marenberg wouldn’t say if the decision would be appealed.
“I have no comment,” he said.
As to the decision, he said it was democracy at work.
“Whether I agree or disagree, it’s democracy at work, and that’s why there’s appeals,” he said.
During the hearing and before the decision was made, Marenberg admitted to having seen the properties but not having been inside them.
“We think this is important that we continue to try and build good rapport with the neighbors,” Marenberg said. “Yesterday, I was in Florida. This is important enough for me to come here and work with you.”
Marenburg acknowledged that the houses were operated “in the past in excess of what was allowed by the rules and regulations.”
“We apologize for that,” he said. “It doesn’t change the fact that it happened, but we do apologize. We also have agreed in writing to operate within the rules and regulations that are published, and that is part of our application.”
He pointed out that a conditional use has to be renewed annually.
“If we do not operate under the rules and regulations in the zone, and we come back next year to get it renewed, we know you will be here to let us know we screwed up,” he said. “We don’t plan to screw up.”
He outlined various steps that had been taken.
“We’ve had the places examined by the fire chief as required,” Marenberg said. “We’ve reduced the bedroom count to four, and in our advertising, we don’t allow parties. We’ve identified off-street parking that matches what’s required so no one should be parking in the street or the front lawn and all the other things that are required. There’s maximum stay requirements, so no one can be there for more than 30 days. Our name and telephone number and contact information will be on every house and Rob (Spencer, the property manager), is the one who gets the calls if there are any complaints, which we hope there will be none.”
Marenburg reiterated that in the future, the rules would be followed.
“If you want to complain about how it was in the past, it’s your right, but we will run it by the rules, going forward,” he said. “That’s why we’re here, to get our permit, to do it by the rules, and to be better neighbors than we have been.”
When asked if he had a witness to testify on SPIRE’s behalf, Marenberg said he did not, but he was sure those in attendance would tell the board how bad it has been in the past.
Kirk told Marenberg that she understood the conditional-use filing for the properties were filed under a bed and breakfast.
“But, the definition of bed and breakfast, under the code, requires that there be a person living in the house, and that a meal will be provided. I was hoping you could explain how you think that this definition is being met by you,” she asked.
“I’m not being sarcastic in this answer,” Marenberg said. “When this issue came up, and I was trying to find out the category, I was told that it was a bed and breakfast and I questioned it. I was given the name of someone in the prosecutor’s office for Ashtabula County. I talked with her, and she confirmed that it falls under a bed and breakfast. It falls into that category. We’re not serving food, we don’t have a resident, but that’s the category it falls into. That, I believe, is the lawyer for Hapersfield Township in these kinds of situations.”
ZBA Board member Paula Pristov said Marenberg mentioned that no one should be parking on the street or have parties and asked how he planned ensure it doesn’t happen.
“Number one, in the listing as Airbnb, it says no partying,” Marenberg said. “They have been in the past because we haven’t prohibited them, and people have come to party, but now they are told they cannot come to party. Rob (Spencer) and his people are local, so they will be checking.”
Marenberg noted that any problems that are observed should be relayed to Spencer, who is the local contact for the properties.
“There’s a plaque on every house, in this case, there’ll be three, that has our contact information as required under the rules,” Marenberg said.
ZBA Board member Jerry Klco asked Marenberg if he was aware that the residences in question were filed under Pemblebrook Farm subdivision as a single-family allotment, for single-family dwellings only.
“The list of conditional uses offers that are in the zoning code are for single-family houses, R-1 or R-2, they are allowed under the zoning code,” he said.
Kloco said he just wanted to be sure Marenberg understood how the neighborhood was zoned.
Kirk followed up on her previous question.
“Did the county prosecutor give you anything that you could present to the board that we could review, because, reading the definition, the language of the definition, it doesn’t usually give the definition, the way I read it, so I’d like to see it,” she said.
Marenberg said he could send a recording to the board.
During the public comment portion of the hearing, Tim Burzanko of 2025 Beringer Pl. was one of several people who testified.
Burzanko, who has lived at his residence for almost 14 years, said he and his wife moved to “the bustling Beringer neighborhood because it was a fun, family-oriented subdivision with a very comfortable and safe environment feel.”
He was concerned about “having unknown, short-term rental occupants constantly rotating through our neighborhood.”
“The concern is the vetting of these unknown people,” he added.
He didn’t see how the short-term rentals would add value and security to the neighborhood.
When asked after the meeting about the decision, Burzanko said he was happy with the decision. He said the residents would just have to wait and see if an appeal is made.