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Neighbors oppose short‑term rental at 1925 Sampson; ZBA approves permit citing private dispute
Summary
The Zoning Board approved Special Use 25‑14 to permit a short‑term rental at 1925 Sampson Street despite vocal opposition from adjacent neighbors who described prolonged harassment and safety concerns; the board characterized much of the hearing as a private dispute between neighbors and approved the permit unanimously with standard conditions.
The Zoning Board of Adjustments on Sept. 18 voted to approve Special Use 25‑14, allowing a short‑term rental at 1925 Sampson Street, after a contested hearing that included extended public comment from neighbors who oppose the permit.
Planner presentation described the property as within the R‑2 two‑family residential zone and the suburban mixed place type of the comprehensive plan. Staff recommended approval with the standard conditions used for short‑term rentals: Montana public‑accommodations licensing through the health department, compliance with building, fire and health codes for any remodels, visible street addressing, and a local business license prior to operation.
Neighbor Holly Hamilton (1935 Sampson Street) testified she and other residents had faced "repeated harassment and disruption that has created stress, anxiety, and tension in our home," and listed incidents she said were connected to guests and interactions with the applicant’s household. Michael Gabbard (1935 Sampson Street) also spoke in opposition and cited concerns about property maintenance and a fence. Both neighbors asked the board to deny the permit.
Applicant Nicole (Nikki) Stewart responded at length, disputing some claims and describing prior efforts to resolve fence and dog‑behavior issues. Stewart said neighbors had recorded her and had made complaints about her operation; she provided a letter of support at other hearings and said she had been operating a rental for about a year at another address.
During board discussion, one member characterized many of the issues raised as a civil dispute between private property owners that the ZBA does not have the authority to resolve. "I personally don't see any issue with approval of this special use permit," Board member Garrett Craig said, noting that the board’s focus is land‑use compatibility and code compliance. The board moved and seconded approval; the permit passed unanimously. Planning staff will issue the standard approval letter and the applicant must secure required state and local licenses and meet occupancy and parking conditions before operation.
The record of the hearing includes extensive testimony from neighbors alleging harassment and safety concerns; the ZBA’s action approves the land‑use permit but does not adjudicate those civil claims.
