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Planning Commission approves commercial short-term rental at 475 North Church Street; certificate of appropriateness clarified

2525401 · March 7, 2025
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Summary

The commission approved a special-use permit allowing a commercial short-term rental at 475 North Church Street in an RM‑1 area, and staff clarified that a Historic Preservation certificate of appropriateness is required for recent site changes though timing of that COA was debated.

The Planning Commission approved a special-use permit for a commercial short-term rental at 475 North Church Street after staff confirmed the property — an 832-square-foot cottage that previously held a professional office certificate of occupancy — needs formal zoning approval to operate as a commercial short-term rental.

Staff said the structure was originally a single-family residence, converted to a professional office in 2003, and remained legally a professional office until the current application. The applicant asked to operate the cottage as a commercial short-term rental and requested the permit so the use matches the property’s current operation.

Staff found the special-use criteria were met but noted a site change in a historic district: an ADA ramp was removed and replaced with a small patio and step, which triggers the need for a certificate of appropriateness (COA) under the Historic Preservation Commission process. Staff recommended approval with the COA completed before the short-term rental could legally resume operation; several commissioners and the applicant discussed whether that timing should be a condition of approval.

Applicant Liz DeMarco said she had purchased the cottage decades ago as an accessory structure to her primary residence and uses it for family and guests. DeMarco asked the commission to remove the condition tying operation to COA timing, arguing the change is minor and that she is already subject to plans review.

Commissioners debated whether to make COA timing a condition. Some said the COA is required regardless of motion language and that including it as a condition made the requirement explicit; others worried making it a condition could delay operation where the COA process takes time. The commission ultimately approved the special-use permit without the explicit timing condition by roll call; staff will still require COA approval through the Historic Preservation process before city business licensing and other administrative steps are complete.

Staff noted the property is within a historically sensitive area and that the commission’s approval obligates the applicant to complete any necessary preservation approvals and building permits before final occupancy or business licensing. The approval clarified that a short-term rental in an RM zoning district requires special-use approval when the owner is not the on-site resident and when the property is a separate parcel rather than accessory to the owner’s primary residence.

Vote: Motion to approve the special-use permit carried (roll call recorded as yes votes; record shows motion passed).