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Neighborhood Association turning the lights out on Airbnb home

By Clayton Wronek, Contributing Writer

01/23/2018

A local neighborhood association has called upon a judge to step in and arbitrate a situation dealing with a zoning issue and Airbnb. The Glenwood Association, a coalition of more than 250 homes in the Glenwood neighborhood, with the help of Erie lawyer Thomas Kuhn went through with filing an appeal in local court. The appeal deals with the Zoning Hearing Board’s November decision to uphold local zoning official, Jake Welsh, determination that a Glenwood residence is not violating zone R-1 ordinances. The action comes after a vote to uphold the ruling went through 4-1 which stunned the association and its members, such as Tom Sebald.

       

In November of 2017 the Erie Zoning Hearing Board was presented with a case dealing with the appropriate use of a Glenwood residence. The residence at 4706 Upland Drive is located near Glenwood Park and just south of the Erie Zoo. The home is currently available as a short-term rental through the travel website Airbnb. Although the decision passed almost unanimously, the board’s chairwoman, Selena King, went on to explain that this decision is based on, “the way the ordinances are currently written,” and that more research into short-term rentals and their impact are required.

       

The owner of the home, Susan Morse, lives part-time in Florida and has her sister manage the property as well. Morse and the Zoning board claim that the house is not violating ordinances and therefore does not need to be rezoned from its current listing as a “single-family dwelling.” However, neighbors along with leaders of the Glenwood Association disagree. In the appeal filed last week by the association claims the boards’ vote was, arbitrary, capricious, an abuse of discretion and contrary to law in several particulars.”

       

The appeal says the board failed to recognize the “detrimental impact” of short-term rentals on the neighborhood, including “noise, traffic and parking uses, safety issues, threatening and disruptive behavior, guests’ parties, loss of privacy, reduction in property values, constant influx of strangers.”

       

The major argument for neighbors has been the transient style of living going on in the home over the past several months that disrupts the quiet neighborhood. The fact that many different individuals coming and going from the home and neighbors rarely getting a chance to meet the individuals. However, the home owner argues that the rental home brings money and people into the Erie area that otherwise would not.

       

As far as the city is concerned there is nothing to be done the way ordinances are currently written. With the neighborhood association moving forward with plans to appeal the decision this may be the push lawmakers recognize a need for. The hope of unrest forcing the city’s hand to reopen debate on ordinances and address the issues residences are dealing with.

       

Chairwoman King recognizes the issue here as she discussed the fact that more than a hundred homes in the Erie area are listed as short-term rentals. This issue is not relatively new to Airbnb who has been fighting with cities across the country for the right to keep conducting their service. While the option to rent a home instead of a room is enticing the unseen impact is beginning to rear its head in municipalities close to home.

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