Fredericksburg ZBA deadlocks on special-exception request for short-term rental at 209 South Elk

The Zoning Board of Adjustment for the City of Fredericksburg failed to approve a special-exception request for a short-term rental unoccupied permit for a property the applicant identified as 209 South Elk after a 2-2 vote that did not meet the board's required affirmative threshold.

City staff told the board the property's STR permit expired Aug. 15, 2023, and was determined to be lost on Nov. 15, 2023, after a 90-day grace period in the nonconforming ordinance. Staff said it found evidence of ongoing rentals after expiration, including active listings and 22 reviews dating from Oct. 23, 2023, to Feb. 11, 2025, and recommended denial.

Applicant testimony and staff findings

The property owner, identified in the hearing as Mr. Tanner, told the board: “This is in a property at 209 South Elk. I bought it in 2017,” and said he and his wife purchased the house to supplement income while retiring. Tanner said a local management company had historically handled permit renewals and that he was unaware the property's STR permit had lapsed: “Every year, [the management company] told me they…