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Planning commission recommends denying inclusion of 71 S. 200 W. in transient-rental overlay

Midway City Planning Commission · October 14, 2025
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Summary

After a lengthy public hearing, the Midway Planning Commission voted to recommend denial of a request to add 71 South 200 West to the city's transient rental overlay district, citing general-plan guidance discouraging expansion and neighborhood concerns about noise, parking and housing supply. The recommendation goes to city council in November.

The Midway Planning Commission on a split vote recommended that the City Council deny a land-use map amendment that would have added the parcel at 71 South 200 West to the city—transient rental overlay district (trod).

Staff told the commission the change would not alter the parcel——R-1-7 underlying zone but would allow short-term rentals as a conditional use subject to local limits on occupancy, vehicle visibility and a locally licensed property manager. Michael, the staff liaison, summarized findings in favor (transient-rental taxes and resort-tax eligibility) and against (the city—general plan language that discourages expanding the trod to protect long-term housing stock).

At the public hearing the applicant, Wendy Richard, said she and her husband had invested heavily in renovating the house and asked the commission to allow nightly rentals "to help us pay for these expenses" and asked commissioners to "take that into consideration." Neighbors opposed the expansion. Michelle Kelly said expanding the overlay would "have a significant negative consequence for our community's character, housing, stability, and quality of life," citing noise, traffic and parking on nearby streets. Lynette Wilson described repeated denials by the council of previous planning-commission recommendations and urged stronger enforcement and a moratorium on further expansions if hotels and resort rooms already satisfy demand.

Commissioners questioned staff about enforcement and the number of licensed short-term units; staff estimated a couple dozen licensed residential units in the trod outside resort and commercial zones, but noted exact counts depend on licensing and homeowners associations. Staff also explained that a single-family property included in the overlay must be rented as a whole unit (owners may not occupy one part while renting another), and that local code requires a nearby property manager and two on-site parking spaces during rentals.

After discussion a commissioner moved to recommend denial of the applicant—s request, citing inconsistency with the general plan and the potential loss of full-time housing stock. The motion was seconded and carried; the record shows the commission will forward its recommendation to the Midway City Council, with a council public hearing tentatively scheduled for the third Tuesday in November.

Next steps: the council will hold a public hearing and make the final decision on whether to amend the overlay map and, if approved, the applicant would still be required to apply for a conditional use permit and the transient-rental unit license before operating short-term rentals.