Attorney for Delavan Inn urges exemption for owners in proposed hotel apartment ban

Attorney Patrick Damoud, representing Delavan Inn and Suites, addressed agenda item 7.7 and urged the council to narrow the proposed zoning amendment that would prohibit commercial apartments or accessory apartment uses within properties used for commercial lodging.

Damoud said the city's enforcement sweep that found some hotels being used by transient guests was justified, but he argued the proposed amendment would not address that enforcement issue. "This particular amendment will do nothing to address that," Damoud said, adding that the amendment would have two consequences: it would prevent hotel owners from converting a second floor into apartments for rent by the general public and, he said, it would also prevent owners or operators from living in an apartment at the hotel they run.

Damoud argued that owner occupancy can reduce crime and improve on-site management. He described a local example: after his client bought the Delavan Inn and Suites and moved their family into an on-site unit, frequent police calls declined. "You want somebody living on-site to be able to address problems," he said, and asked the city to "carve out an exemption for owners and operators to be able to live in one apartment with their families at the hotels they manage."

Damoud also asked that pending applications for conditional use to allow commercial apartments not be affected by the amendment. Council acknowledged the comment during the public-comment period; the council later voted to adopt the ordinance amendment under agenda item 7.7 without a recorded substantive change or an explicit exemption in the meeting record.

What happens next: The council adopted the zoning amendment in the meeting vote. Parties with pending conditional-use applications or owners seeking on-site occupancy should consult the city clerk or city attorney for guidance on the ordinance's effective date and any grandfathering provisions.