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Zoning board denies short-term rental use variance at 3436 Hamilton Ave
Summary
The Auburn Zoning Board of Appeals denied a requested use variance for a short-term rental at 3436 Hamilton Ave, finding the applicant did not demonstrate the required financial hardship.
The Auburn Zoning Board of Appeals denied a use variance request from Gabrielle (Gabby) DeMora for 3436 Hamilton Ave, saying the application failed to meet the legal hardship standard required for a use variance.
DeMora told the board she lives in one side of the duplex and had been operating short-term stays on the other side because it offered more control and flexibility than a long-term rental. "I am here to, I guess, ask for a, use variance as well as an area variance for my home on Hamilton Avenue," DeMora said.
The board’s legal standard requires proof that an owner cannot realize a reasonable return without a variance. Several members said DeMora’s submitted profit-and-loss statements did not show the kind of sustained financial loss that would justify a use variance. "If she goes to the short term rental, she actually creates hardship. She's in the negative by ... $2,397," Board Member Tamberrino said during deliberations.
The board first considered the short environmental assessment form submitted with the application and voted a negative declaration (finding no significant environmental impact) before proceeding to the variance vote.
During debate, commissioners acknowledged sympathy for DeMora’s desire to control occupancy and provide a place for family and visitors but emphasized the narrow legal test for a use variance. "We have to go by the law here," a member said while explaining that a use variance requires proof of a substantial lack of reasonable return.
A motion to grant the use variance failed on a roll call vote: Steigerwald voted yes; Bilecki, Miller, Tamberrino, Kilmer, Odessa and Martini voted no. With one yes and six no votes, the motion did not carry and the use variance was denied.
Board members noted that DeMora retained the option to rent the unit for periods longer than 30 days without a variance. The applicant had also applied for an area variance; board members indicated that area-variance action would not proceed after the use-variance denial.
