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Midway council denies request to expand Transient Rental Overlay for 62 W. 300 S.
Summary
The Midway City Council denied an application to expand the Transient Rental Overlay District (TROD) to include a single‑family lot at 62 West 300 South after public comment and a planning commission recommendation to deny.
Midway City Council voted to deny Ordinance 2025-12, a proposal to add the property at 62 West 300 South to the city’s Transient Rental Overlay District (TROD). The planning commission had recommended denial and neighbors urged the council to preserve long‑term housing in the R-1-22 neighborhood.
City planner Michael (first name only in transcript) briefed the council on the application and noted the city’s general plan discourages expansion of the TROD to protect long‑term housing supply and preserve neighborhoods with permanent residents. The subject lot is roughly 0.4 acres in an R‑1‑22 (half‑acre) zone and is contiguous, on one boundary, to existing TROD‑designated property near Center Street.
Applicant Jason Powers told the council he and his family have owned the home since 2008 and want to use it intermittently — estimating it would be occupied by the family about one third of the time and available for short‑term rental about one third of the time. Powers said the property “touches the commercial zone on two sides” and argued that proximity to downtown and the trail system made the home a logical fit for short‑term rental.
Neighbors said otherwise. Bonnie McNair, who lives a few blocks away, described past experience with nightly rentals in the neighborhood and said they “were sandwiched in between two rentals… it was horrible,” citing noise, garbage and parking problems. The planning commission’s recommendation to deny was unanimous, according to staff, and council discussion emphasized the general plan language discouraging TROD expansion and the risk of incremental in‑fill that could reduce full‑time housing stock.
Councilmember Craig moved to deny the ordinance amending the zoning map to expand the TROD; the motion was seconded and carried with councilmembers Craig, Kevin, Lisa and JC voting aye. The motion included findings consistent with staff’s presentation. With the denial, the property remains zoned R‑1‑22; if the applicant or others seek nightly‑rental status in the future they would need to pursue any required map amendments and conditional‑use approvals.
The council deliberated at length and referenced prior TROD decisions and recent updates to the general plan when weighing tax and tourism benefits against neighborhood character and housing supply.
