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Zoning board denies request to allow transient occupancy at 1937 4th Street
Summary
The Zoning Board of Appeals voted July 16 to deny a use variance to allow transient occupancy at 1937 4th Street; staff recommended denial, residents opposed the change, and the applicant argued the change would generate tourism revenue and help landlords manage problem tenants.
The Sandusky Zoning Board of Appeals voted July 16 to deny a use variance that would have allowed transient occupancy (short‑term rentals) at 1937 4th Street, a property in the R140 single‑family residential district.
Staff told the board the code (section 11.29.03) does not permit transient occupancy as a primary use in R140 and that the request was a substantial change because transient occupancy is permitted only in more intensive districts. Staff noted the property was purchased in 2024, is residential in character, and recommended denial based on the five use‑variance criteria in the planning and zoning code.
Mark Smith, the agent for the owner, said the owner faces significant landlord‑tenant problems and argued short‑term rentals would generate revenue, allow quicker removal of problematic occupants, and increase property values. "By providing this variance, you're providing my client the ability to vet the tenants, to vet the guests...and if there are problems, to get them out quickly before it escalates into a community problem," Smith said. He also told the board the owner is pursuing a pending $10,000 back‑rent claim in court.
Residents who live near the property opposed the variance. Bruce Brown Jr., who said he has lived on 4th Street for about 50 years, told the board the neighborhood is long established for families and cautioned that converting homes to transient rentals would remove housing for full‑time residents. Patricia Brown, a next‑door neighbor, said she initially considered supporting short‑term rentals but changed her mind after hearing how the overlay and zoning are intended to preserve single‑family character.
Board members repeatedly said landlord difficulties and the desire for revenue are not sufficient to meet the statutory criteria for a use variance or to justify spot zoning. Dan Delahunt moved to deny the application; Dr. William Siemens seconded. The clerk called the roll, recording affirmative votes, and the board voted to deny the use variance for 1937 4th Street. Staff told the board the applicant may appeal to the City Commission, and the clerk confirmed that no appeal had yet been filed.
The denial preserves the R140 district’s prohibition on transient occupancy as a primary use; the property owner and agent may pursue other remedies, including administrative appeals.
