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Commission remands contested short-term rental permit after narrow failed approval vote
Summary
The Unified Government Commission declined to approve a non-owner-occupied short-term rental at 1710 N. 90th Street after a 4–5 roll call and instead voted 6–3 to send the application back to planning and zoning for further conditions and neighborhood review.
The Unified Government Commission on July 30 declined to adopt the planning commission's recommendation to grant a one-year special-use permit for a non-owner-occupied short-term rental at 1710 North 90th Street and instead remanded the application to planning staff for more analysis.
Planning staff described the 4.68-acre property and recommended approval with additional conditions, including a perimeter fence. Applicant John Badgley, who said the property operated as an Airbnb during the World Cup period with about 18 to 20 bookings and strong reviews, told commissioners his goal is to keep the house as a responsibly managed rental to help pay the mortgage. "I would ask that you would extend grace to my past," Badgley said, noting he has matured since earlier neighborhood disputes.
Several commissioners cited long-running neighborhood concerns that dated back roughly four years and emphasized the lack of formal police reports. Planning staff said their review found no recorded noise or disturbance complaints during the recent World Cup operating period because neighbors did not file police reports. Legal counsel and planning staff explained that revocation of a special-use permit can be initiated by planning if formal complaints or citations are documented.
Commissioner Carlos Pacheco moved to approve the permit, seconded by Commissioner Jermaine Howard, but the motion failed on a 4'to'5 roll call (ayes: Howard, Ramirez, Pacheco, Davis; noes: Burns, Lopez, Stites, Bynum, Kump). Commissioner Melissa Bynum then moved to return the case to planning and zoning for further review of conditions and analysis of neighborhood concerns; that motion passed 6'to'3. The applicant was instructed to coordinate with staff on proposed additional conditions.
The commission's action means no permit was issued tonight; staff will prepare options and potential additional conditions for the planning commission to consider before the matter returns to the board.
