Planning commission approves short-term rental at 723 S. McFarland after neighbor raises drainage, parking concerns

The Stillwater Planning Commission voted 5-0 on May 5 to approve a short-term rental application for a duplex at 723 South McFarland, concluding that the application met the standards in section 23-180 of the city code.

David Barth of Development Services told the commission the Planning Commission is the hearing body for short-term rental applications and that the applicant carries the burden of proof under section 23-180. Barth noted the city cannot enforce private restrictive covenants but the commission may weigh them in deliberations and showed a map that identified two licensed short-term rentals nearby.

At the hearing, property owners Randall and Sandy Baker said they have owned the duplex for about six months, have made improvements, and plan to list the unit on Airbnb. Randall Baker said their daughter lives in one side of the duplex and will help with cleaning and on-call issues, and the owners plan to post house rules (no parties, guest limits, minimum-stay requirements) and install cameras and ring doorbells as part of their management strategy. "We'll put [parking guidance] on the Airbnb website, and then we'll also put that in the notes inside the property," the applicant said.

Neighbor Dot Webb, who lives at 721 South McFarland, opposed the request and raised multiple concerns: she said she has routinely maintained a stormwater drainage ditch behind the properties for eight years after demolition activity left debris in the channel, said the ditch can block easily without monthly checks and flood yards, and noted on-street parking restrictions and a high percentage of rental properties in the Westwood area. "It only takes about blocking about halfway up before it'll start flooding the whole backyard," Webb said, describing recent flooding and ongoing maintenance responsibilities.

In response, the applicant said they have kept the drainage open during storms and are willing to maintain it; they also said on-site parking for two vehicles and available street parking make overflow unlikely. Staff later confirmed two licensed short-term rentals exist on nearby King Street and said the application would not adversely affect the density goals staff is considering in an upcoming code amendment.

Commissioners said the duplex configuration and an on-site resident were positive factors, and that the application generally met the criteria they apply for short-term rentals. A motion to approve the short-term rental application was made, seconded and passed on a 5-0 vote.

The commission did not identify any conditions beyond the standard criteria; no formal enforcement action regarding the drainage ditch was taken during the meeting. The commission moved on to other agenda items after the vote.