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Raleigh council delays hearing on Airbnb rules, legalization

Enforcement may be too difficult. The definition of on-site manager isn’t clear. The city should govern it under an overlay district, not as a use.

These were some of the reservations and suggestions offered by Raleigh leaders Tuesday, when the City Council got its first look at draft regulations that would legalize and govern short-term residential lodging and services such as Airbnb.

City staff recommended that the council schedule a public hearing for Dec. 1. Council members, in a 7-1 vote, instead decided to put off a public hearing until the city’s Planning Commission addresses some of their concerns. The commission – residents and city staff – crafted the regulations over several months.

“I don’t feel like there’s a big rush to get into something that we don’t have worked out,” Councilman Russ Stephenson said.

The commission is to create a stronger definition of “on-site manager,” a position which the rules require of some Airbnb hosts.

“What does an on-site manager look like? How do we know who he is? What part does he enforce?” Councilwoman Kay Crowder asked.

The commission will come up with draft regulations that require all Airbnb hosts to take out special-use permits – not just those renting out three rooms or more, as currently proposed. The permits require approval from the city’s Board of Adjustment. The commission will also investigate Stephenson’s idea of creating an overlay district that neighborhoods can opt into if residents want to allow Airbnb use.

Councilwoman Mary-Ann Baldwin voted against the council majority, saying she wanted to schedule a public hearing and hear residents’ concerns before making tweaks. She noted the city staff’s claim that they, alone, could have addressed the council’s concerns before a Dec. 1 public hearing.

I think if we want to make tweaks, it’s important to hear from the public on this.

City Councilwoman Mary-Ann Baldwin

“I think if we want to make tweaks, it’s important to hear from the public on this,” Baldwin said.

The move all but guarantees that the council, which took up the issue nearly a year ago, won’t vote on draft regulations until December – after three new members are sworn in.

The council’s request didn’t come in time for the Airbnb rules to make the agenda for the commission’s Tuesday meeting, Travis Crane, Raleigh’s assistant planning director, said Thursday.

The commission meets again Nov. 24. The earliest its recommendations could be heard would be at the council’s next meeting, on Dec. 1. By then, the terms of Wayne Maiorano, John Odom and Eugene Weeks will end and they’ll be replaced by Dickie Thompson, David Cox and Corey Branch.

The political implications of the delay are unclear.

Maiorano supports Airbnb legalization. Thompson, his successor, didn’t immediately return a call seeking comment.

Odom opposes Airbnb legalization. Cox didn’t immediately return a call seeking comment.

Like Weeks, Branch said he thinks the council should only legalize short-term rentals if it also installs a number of safeguards for neighborhoods.

The commission tried to balance the interests of Airbnb users and neighbors who may worry about the ripple effects of legalization, chairman Steve Schuster told the council.

“We know there’s a lot of emotion attached to this one, but we think what we’re presenting to you is a good balance,” he said.

Paul A. Specht: 919-829-4870, @AndySpecht

This story was originally published November 5, 2015 at 5:48 PM with the headline "Raleigh council delays hearing on Airbnb rules, legalization."

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