Fredericksburg council denies short-term rental appeal for 205 West Creek Street

At its February meeting, the Fredericksburg City Council denied an appeal by property owners Curt and Misty Harlan to reinstate a short-term rental (STR) permit for 205 West Creek Street after staff said the property’s nonconforming permit lapsed and a subsequent application was denied under the city’s 2024 STR ordinance.

Shelby, a city planning staff member, told the council the residence had held a nonconforming STR permit issued Aug. 29, 2023, that carried an expiration printed on the permit and that the owners had a 90-day nonconforming renewal window that lapsed. Shelby said the Harlans were notified in November 2024 by the city’s STR specialist, Tyler Devish, that they needed to renew immediately and that staff denied the new unoccupied STR application filed Dec. 20, 2024, under R-1 zoning rules that no longer allow unoccupied STRs in that zone.

“The applicant submitted a renewal Dec. 20 that was denied Dec. 20, and they were informed of their ability to appeal,” Shelby said, explaining the procedural timeline and the standard in the city’s 2024 STR ordinance (section 20-225) for appeals to council.

Misty Harlan said she missed the renewal deadline but blamed confusion from the city’s online permit portal, saying she repeatedly saw the property listed as “active” and that she did not receive or see earlier email notices. “I thought it was active,” she told council. She said the unit is occupied much of the time and that the owners try to maintain the property and avoid displacing tenants.

Council members also raised a related concern after a councilor noted the Fredericksburg Convention & Visitors Bureau (CVB) website listed the property as available for booking. Shelby said staff would coordinate with the CVB to provide a monthly updated permit list to reduce mismatches between permitted listings and advertised listings.

A councilmember moved and a second followed to deny the Harlans’ appeal. The motion carried with all members present saying “aye.” The council’s action affirms staff’s denial; no additional relief was granted.

The decision leaves the owners with limited options under city code: the property does not qualify for an STR accessory use because the lot size and other criteria were not met, Shelby said. The city record supplied at the hearing indicated 42 of 48 units in a separate senior project have rental assistance, and staff noted other STR categories (for example, resident-occupied B&B) may exist where appropriate, but not for this lot in R-1 zoning.

The appeal proceeding cited the procedural requirements in the 2024 STR ordinance and the local nonconforming-usage provision; council’s action was a formal affirmation of the director’s decision rather than a modification of the code.