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Zoning board denies short‑term rental recognition at 809 Delaware Street; grandfathering rejected
Summary
JBES Realty LLC sought recognition of a preexisting short‑term rental at 809 Delaware Street. The board voted 3‑0 that the property is not grandfathered under the city’s new ordinance and then denied a special exception, citing owner‑occupancy and parking requirements.
The Zoning Hearing Board voted 3‑0 to deny a request from JBES Realty LLC to recognize a short‑term rental at 809 Delaware Street as a legally grandfathered use under the city’s updated ordinance, and then denied a special exception application.
Attorney Richard Rinaldi and owner Peter Bonacuse argued the property was operated as an Airbnb before the city’s December 20, 2023 ordinance and presented listing reviews and dates to show continuous preexisting use. Rinaldi said reviews dating back into 2023 supported a grandfathering claim.
Board members and staff examined whether the prior rules contained substantially the same owner‑occupancy requirement and noted a key difference: the old ordinance’s owner‑occupancy language created uncertainty about whether the use had been lawful under the prior code. Board member discussion also focused on parking: the short‑term‑rental rules require one off‑street parking space per rentable bedroom; the property provides two legal off‑street spaces but neighbors and the board raised concerns about street parking pressure.
The board first voted that the application did not qualify for grandfathering from the prior ordinance. The board then considered the special‑exception application and denied it 3‑0, citing failure to meet ordinance criteria including the owner‑occupancy/permanent residence prong and parking requirements. The city agreed to provide the prior ordinance language at the applicant’s request.
