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Gardner council overturns planning commission, approves short‑term rental at 642 E. Bluebird
Summary
The council voted to adopt Ordinance No. 2877, approving a conditional use permit for short‑term rental at 642 East Bluebird Street and removing a staff condition requiring a written HOA approval; the planning commission had recommended denial.
The Gardner City Council voted to adopt Ordinance No. 2877, overturning a planning commission recommendation and approving a conditional use permit (CUP 26‑305‑01) to allow short‑term rental at 642 East Bluebird Street in the Genesis Creek subdivision.
Staff told the council that short‑term rentals are defined as stays under 30 days and must meet five specific use standards; based on consultation with the building official and the international property maintenance code, staff set a maximum occupancy for the property at seven people. The planning commission had recommended denial (four in favor of denial, one recusal); staff recommended approval with three conditions, including a requirement for a written HOA statement of approval.
John Martini, president of the Genesis Creek homeowners association, told the council the HOA’s covenants bar short‑term rentals and said the HOA would pursue civil remedies if the permit were allowed. Council members emphasized that the city does not enforce private covenants and described the HOA matter as a civil issue between private parties.
Council debate focused on condition number three (the requirement for an HOA written approval). Several council members argued the city should not insert itself into HOA enforcement, while staff said the condition was intended to prevent a permit from taking effect without proof of HOA approval if a court later ruled in favor of the applicant.
Councilmember Baldwin moved and Councilmember Deaton seconded a motion to adopt Ordinance 2877 while removing condition three. The motion passed by recorded vote: Councilmember McNear, Baldwin, Deaton and Ween voted yes; Councilmember Johnson voted no; the mayor voted yes, and the ordinance passed.
Under the approved permit the city will perform an administrative review between December and January of the permit term; staff said the CUP would expire at the end of 2027 and could be revoked by the planning commission if code violations or validated complaints arise.
