Short term rentals discussed … again

Short term rentals and their regulation—or lack thereof—in municipal code was yet again a topic of discussion for the Saratoga Planning Commission during their March 12 meeting.

While a proposed short term rental permit was created by the planning commission last year, it was ultimately tabled in November 2023 on the recommendation of Kylie Waldrip, legal counsel for the Town of Saratoga. In February, James “Jimmy” Campbell asked the planning commission to continue to pursue some form of permitting process for short term rentals, especially those in residential areas such as RD 7200.

At the March meeting, Campbell found an ally in Kim Hytrek, who spoke both as a resident and as a representative for the Riviera Motor Lodge.

“I’m also a local hotelier. I sat on the (Carbon County) Visitors Council for two terms, so six years so I certainly welcome visitors. I’m a resident living with businesses being run from my neighborhood,” said Hytrek. “I want to know who regulates, who watches and who observes how many local houses are bought up by out-of-staters who are running a business in residential areas in that they are providing areas for travelers to stay.”

As reported previously, the Town of Saratoga doesn’t have information on how many short term rentals are operating within the municipal limits. Two websites which collect short term rental data from AirBNB and VRBO could only provide information either at the county level or in the Saratoga area, which included parts of unincorporated Carbon County.

According to Hytrek, Riviera Motor Lodge was trying to fill a need in providing long-term housing for local workers. That, she said, is sustainable only during the slow months of the year.

“Come May, I’ve got to boot them. They’re going to have to have a place to live or we’re going to lose that job, lose that worker,” said Hytrek. “They’re competing against us, I’m filling a need. I see people coming in and buying up these small homes that should be for first home buyers, families, service workers. I really want to see young families survive here.”

Hytrek also made points previously made by Campbell, asking if short term rentals were required to have a fire suppression system and carbon monoxide detectors. She also asked if the homes were ADA accessible, a requirement of businesses.

“You start talking about enforcement. We don’t go into businesses and door-to-door to make sure they have a sprinkler system, that’s all the fire marshal,” said Mayor Chuck Davis, who serves as council liaison to the planning commission. “I can’t force the State to come in and go through somebody’s house.”

As discussion continued, the previous recommendation made by Waldrip was raised by both Davis and Chairman McCall Burau. Burau told Hytrek the public would need to approach the council about the planning commission continuing to pursue short term rental regulations.

“I believe they (the council) would have to hear enough to reach back out to Kylie (Waldrip). She pretty much made her decision, the Town accepted her decision. They would have to hear from a lot of people to change their mind,” said Davis. “Her recommendation was why be the leaders of the pack if we’re going to get sued? We don’t have the money like some of these town’s do to fight it. If you start dictating what people can do on their private property, there’s a possibility of people getting sued.”

On the point of potential litigation, Commission Member Chia Valdez asked Davis what the Town of Saratoga would do if a suit were to come from the other direction.

“I know it’s all about litigation but what if you have a class action suit from property owners because the Town’s not doing anything [about short term rentals],” asked Valdez.

“We’d fight back,” replied Davis.

Burau said she believed there were likely more towns enacting and enforcing short term rental regulations than there were facing litigation. While Waldrip had made the recommendation in November to table the proposed permit due to potential litigation in Jackson, no such litigation has appeared as was previously reported by the Saratoga Sun.

“When we were speaking with Kylie, she asked (if) there are any official complaints from people. A lot of the complaints, people come to us and talk to us but there is no recorded complaint with the police department,” said Burau. “If there were, that would be something that the Town could stand on in pushing forward some sort of permitting process.”

Though discussion continued, it became clear there was little the planning commission could do. Several commission members told both Hytrek and Campbell the issue needed to be raised at a meeting of the Saratoga Town Council.

“I think we all agree that we want the short term rental discussion to continue,” said Burau. “In order for that to happen, we need the public to tell the town council that they want to see something happen.”

The next meeting of the Saratoga Planning Commission will be at 5:30 p.m. on April 9 at Saratoga Town Hall.