Stearns County board upholds appeal, finds staff misinterpreted short‑term rental fire‑service requirement

The Stearns County Land Use and Zoning Board on a unanimous vote upheld an appeal by property owners seeking the opportunity to apply for a short‑term rental license after staff had denied the owners’ request on the ground that the local fire department did not recommend licensing the property because of access concerns on Lilac Road.

The appeal centered on a single ordinance requirement for short‑term rental licensing: documentation from the local fire department that the property “can be served in the event of an emergency.” County staff had relayed a recommendation from the City of Avon fire chief recommending against approval because of access and winter conditions; the applicants provided records and photos they said documented successful emergency responses to the property over the last 20 years and argued the denial misread the plain language of the ordinance.

Jamie Rineschmidt (applicant) told the board the family planned to use the house themselves most of the time, intended to limit permitted occupancy to eight people and proposed seasonal limits if the board preferred. “We’re seeking a permit for a maximum occupancy of 8 people,” Rineschmidt said, and asked the board to consider a license limited to March through November if winter access was a concern. Rineschmidt also provided emails, incident records and photographs showing emergency vehicles at locations on Lilac Road in past years.

Shelly Benson, Environmental Services Director, explained why staff had required documentation from the local fire department for short‑term rental licensing. “When we do that, you take your own risk as you buy and sell properties as an individual. As soon as we add this public element to it, which is short term rental … that’s when we have additional requirements,” Benson said, adding that the provision was adopted after prior vacation‑rental cases raised questions about emergency response capability.

Several nearby residents testified in opposition, citing narrow roadway width, winter maintenance issues, downed trees blocking access and insurance concerns: “The road has been blocked at least twice a year by downed trees,” Pat Heisers said, and another neighbor, Mike Meyer, said his homeowner insurer had declined renewal in the past because of limited fire access. Neighbors expressed concern that short‑term renters unfamiliar with the road could exacerbate risks.

Board members debated the plain meaning of the ordinance language—“can be served in the event of an emergency”—and whether staff had properly applied it when the city fire chief’s written communications included both cautionary language and historical incident responses. One board member noted the record contains documentation showing emergency responses to the area over the last 20 years; another said that even if service is difficult, the ordinance asks whether the property can be served, not whether service is optimal.

On a motion by George to uphold the appeal, seconded by Mike, the board voted unanimously to overturn staff’s denial and to allow the applicants to proceed with the short‑term rental application process. The board did not, at that hearing, impose specific seasonal limits or other conditions; those items would be reviewed during the licensing stage. Staff and applicants were directed to follow the county’s licensing procedures for vacation home rentals if the applicant files the formal short‑term rental application.