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Midway council approves adding 71 South 200 West to transient-rental overlay after split public comment
Summary
After heated public comment about party houses and neighborhood impacts, the Midway City Council approved a one-parcel expansion of the transient rental overlay district to include 71 S. 200 W.; staff will include a broader TROD review in upcoming zoning work.
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The Midway City Council approved an amendment to the city land-use map that adds a single parcel at 71 South 200 West to the city's transient rental overlay district (TROD), a move supporters said would allow the owner to apply for a short-term rental license and critics said risks neighborhood disruption.
Planning staff opened the Nov. 20 public hearing by outlining the parcel's context: a 0.24-acre lot zoned R-1-7, contiguous to a C-2 commercial zone and inside the area that could be included in the TROD. Staff read the Midway Planning Commission's recommendation for denial and summarized findings both for and against expansion, including the possible transient-tax revenue benefit and the concern that expanding the TROD could reduce full-time housing stock.
Applicant Wendy Richard, who said she and her family have owned the home for 30 years, told the council her plan was to improve the house and sometimes live in an accessory space above the garage while renting the main house. "I urge you to consider my request for rezoning with the understanding of the potential benefits for both my family and the community as a whole," she said.
Neighbors gave contrasting testimony. Jody Deputy, an HOA president who identified herself as a nearby resident, described repeated disturbances at a nearby short-term rental and said an advertised four-bedroom house there contained 14 beds and hosted large events: "Needless to say, this setup is attractive to companies hosting large parties for over a 100 people," she said. Lynette Wilson, another nearby resident, questioned the net benefit of one additional nightly rental compared with a full-time resident who shops and pays sales tax year-round.
Other neighbors spoke in favor of the applicant. Ray Fecto, who lives adjacent to the property, said the parcel already sits next to commercial uses and a parking lot and asked the city to consider local context and the owners' improvements.
Following roughly an hour of public comment, a council member moved to approve ordinance 2025-27 to expand the TROD to include 71 South 200 West; the motion was seconded and declared adopted by voice vote. The mayor and several council members acknowledged the tension between townwide goals to limit TROD expansion and the council's discretion on individual legislative map amendments. Council asked staff to place a TROD policy review on a future zoning work program so the city can consider whether broader changes to the overlay are warranted.
The council's action allows the property owner to apply for the conditional-use and licensing process required for short-term rentals under Midway code; it does not itself grant a short-term rental license. Staff reminded council that any license would be subject to the city's licensing and enforcement rules.
The council's vote concludes the public-hearing portion of the land-use amendment; staff will follow up on procedural steps and on the requested TROD review in a future agenda.
