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Planning Commission approves special-use permit for short-term rental at 2671 Lester's Gate Road

Montgomery County Planning Commission · December 11, 2024
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Summary

The Montgomery County Planning Commission approved a staff-recommended special-use permit to allow a short-term tourist rental at 2671 Lester's Gate Road, with conditions including an occupancy limit tied to the Health Department septic permit, a 4-person cap, registration for meals/occupancy taxes, and compliance with county noise and fire codes.

The Montgomery County Planning Commission on Dec. 11 voted to approve a special-use permit request to allow a short-term tourist rental at 2671 Lester's Gate Road. Staff recommended approval with conditions, which commissioners adopted by voice vote.

Planning staff said the parcel is zoned R2 and therefore requires a special-use permit for short-term rentals. Kim Wright, presenting the application, listed the conditions recommended by staff: occupancy shall be limited by the Health Department septic permit and, as a specific condition, limited to four occupants; parking is prohibited in rights-of-way and in yards; property boundaries must be clearly marked; no exterior signs advertising short-term rental use; a posted emergency evacuation plan for the dwelling and neighborhood; posting of Montgomery County—s noise ordinance; documentation of a connection to local phone service; compliance with the Virginia State Fire Prevention Code; and registration with the Commissioner of Revenues Office for meals and occupancy taxes.

Applicants Andrew and Katie Wells told the commission they plan to use the existing 792-square-foot, two-bedroom dwelling as a short-term rental while they work toward building a permanent home on the site, and that the 3.5-acre parcel provides a natural buffer to neighbors. Andrew Wells said the family lives nearby and has prior experience managing both long-term and short-term rentals, and that they intend to be responsive to neighbors' concerns.

Neighbors raised concerns during public comment. Marcy Gannett, who said she abuts the property, asked whether owners could ever live on the lot and warned that multiple SUP approvals could change the character of a rural neighborhood. Michael Callahan told commissioners that short-term rentals can reduce housing supply and affordability and urged the commission to consider broader county policy on short-term rentals.

Staff and the applicants answered technical questions from commissioners about turnover and duration. Hopkins (planning director) clarified that to qualify as a short-term rental the property must be rented for periods shorter than 30 consecutive days; if the use converts to long-term rental for more than two years, the SUP would be void and the applicants would have to return for a new permit. Staff also reported that VDOT reviewed the application and took no exception.

Commissioner Speaker 5 moved to approve staff—s recommendation with the conditions noted in the staff report; the motion received a second and passed. The chair announced the motion carries.

The special-use permit approval includes the staff conditions listed above. The applicants, staff and any neighbors with concerns may rely on the county process for any follow-up compliance matters or appeals.