Georgina wrestles with long-term plan for short-term rentals

Beefed-up bylaw enforcement ahead to deal with 'party palaces'

Yorkregion.com
March 7, 2019
Heidi Riedner

The town had hoped to have a policy regulating short-term rentals in place by the summer, but council ended up approving $20,000 for the second year in a row to cover ramped up bylaw enforcement to deal with “party palaces” instead.

While Jackson's Point resident Steve Jacobson likens the process to “pushing the peanut up the hill,” he does think the resulting “made in Georgina” solution will be worth the wait.

“They may as well take the time to do it right or they leave themselves open to court challenges,” Jacobson said after a draft regulatory framework was tabled at council Feb. 27.

In addition to planning controls, the licensing bylaw being floated includes a demerit point system, mandatory inspections and a renter’s code of conduct for short-term rentals, which would only be licensed to operate in single detached dwellings.

Only one licence would be issued per property and only one per host to discourage multiple ownership, according to the report tabled by staff in conjunction with consultant Michael Smith.

“Negligent hosts” that accommodate “disruptive renters” could have their licences revoked under the proposed system.

Jacobson -- who lives beside a couple of short-term rentals and counts himself among those who feel under siege from those operating as “party palaces” -- welcomed the bumped-up bylaw enforcement to deal with complaints while the town hammers out further revisions to its long-term policy.

One area for further suggested review concerns what works out to a 12-person occupancy limit under a four-bedroom maximum rental, which Jacobson said sounds good in theory, but doesn’t practically address the 30 extra people who show up.

“That’s a big problem,” he said.

Residents like Ivy Howes and Sue Jagminas, who also brought their concerns to council, agree.

“My weekends are ruined … I don’t want to have to move, but this is affecting my peace of mind and serenity,” said Howes, who lives beside a Hedge Road Airbnb that hosts a rotating roster of “people coming up to party,” not ones who contribute to the local economy while cottaging at the lake.

A “bunch of drunks” at a Lake Drive short-term rental is what Keswick resident Sue Jagminas referred to as her experience on an ongoing basis during the summer.

She said the public meeting held last July at The ROC Chalet should have clearly demonstrated to the town that its estimated 10 to 14 “bad apples” out of the roughly 100 to 150 short-term rentals operating in lakeside neighbourhoods is way off the mark.

She added the rentals are commercial operations and shouldn’t be allowed in residential neighbourhoods in the first place.

“I should have a resident, not a business, next door to me.”

But Lauren Helmkay, who owns and operates two short-term rentals, doesn’t agree, saying responsible operations like hers that cater to families and ice anglers from across North America and Europe “shouldn’t be penalized if they are properly run.”

She's also not in favour of the four-bedroom limit, which she said “doesn’t make sense” and should focus on total occupancy instead.

While generally in favour of the regulatory framework being proposed, she said a transition plan that would accommodate businesses like hers is an important missing link.

She also suggested the recommendation to exclude accessory apartments from the regulations would put her cottage rental -- booked up until 2020 -- “out of business.”

Mayor Margaret Quirk said “nothing is carved in stone” at this point, adding the goal of the proposed framework is to regulate negligent hosts and disruptive renters, maintain residents’ peaceful enjoyment of their properties and not make good short-term rental hosts unable to operate by imposing undue regulation.

"We need to work together to find a reasonable policy and regulatory balance that works for everyone, while also addressing the concerns of our residents, hotels and other businesses that offer accommodations.”

Before any regulations are finalized, a statutory public meeting will be held regarding any potential planning amendments required. The meeting will also present the draft licensing bylaw for further input from the public.

On the recommendation of Coun. Dave Neeson, council also approved reaching out to the region and its municipalities to create a working group to address the regulatory “grey area” when it comes to Airbnb and similar web-based accommodation services thriving on the fringes of municipal bylaws.

While in favour of looking at the issue through a Georgina lens in shaping town policy, Neeson said there are “larger issues at play” including a “level playing field” when it comes to businesses, as well as resident input as to what their communities will look like moving forward.

Neeson said he would not be in favour of legitimizing short-term rentals, which are currently not recognized in any of the town's current planning policies, through Official Plan/Secondary Plan amendments and zoning bylaw amendments without examining the full ramifications on a broader scale and involvement of the province.