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Planning commission recommends short-term rental permit for 28 Davis Bayou Circle despite covenant questions
Summary
The Ocean Springs Planning Commission on Jan. 13 recommended approval of a short-term rental permit for 28 Davis Bayou Circle after the city attorney said subdivision covenants describe residential use and do not clearly bar short-term rentals; the recommendation goes to the Board of Aldermen on Feb. 3.
The Ocean Springs Planning Commission recommended approval on Jan. 13 of a short-term rental permit application for 28 Davis Bayou Circle, forwarding a unanimous recommendation to the Board of Aldermen for final action on Feb. 3.
Planning staff told commissioners the property was inspected and met required standards: a fire marshal approved a maximum occupancy of "8," and the building official approved a maximum of "4" vehicles, with no recorded code violations or pre-meeting public feedback, staff member Amanda reported.
The discussion centered on subdivision covenants. A member of the public presented a copy of the covenants and argued they require HOA approval for nonresidential uses and warned that a bed-and-breakfast or other business activity could conflict with the document. "On here, it says that it has to have approval of the covenants of the HOA," the resident said when presenting the covenant pages to the commission.
City Attorney David reviewed the covenant language for the commission and summarized his legal reading: the covenants describe the lots as "residential" and place limits on certain structures and uses but do not, on their face, prohibit a dwelling from being rented on a short-term basis. "I don't see anything that restricts it in these covenants," David said, adding that owners should obtain a certified copy of the covenants and confirm compliance.
Commissioners noted that the applicant's posted guest rules include quiet hours and other restrictions that align with city ordinances and could reduce neighborhood disturbance. The commission discussed procedural options while counsel reviewed the covenants and temporarily tabled the item earlier in the meeting to allow the attorney time to examine materials.
After the review, Commissioner Kevin moved to recommend approval of the short-term rental permit with annual renewal and compliance with the City of Ocean Springs short-term rental ordinance; Marshall seconded the motion and commissioners voted in favor. Chair said the commission is a recommending body and the Board of Aldermen will take final action on Feb. 3.
Next steps: the Board of Aldermen will consider final approval on Feb. 3; the applicant may provide additional materials to the board in advance of that meeting.
