Two Great Bend Airbnb owner-operators appeared before the City Council Monday night lamenting what they see as the onerous mandates imposed on such short-term rental businesses in a city ordinance approved by the council in June. The complaints have caused city officials to take a renewed look at the guidelines.
“Recently, the city implemented Ordinance 4408. And I understand some of the concerns (it addresses) and I don’t necessarily disagree with all of them,” said Terri Bahr, who operates a number of Airbnbs in Great Bend and other communities. “However, I do have some concerns. I believe you’re opening a can of worms. Where do you stop with this?”
She was referencing an ordinance governing short-term rentals approved by the council June 5 at the request of the city’s building inspection staff. Then Interim City Administrator Logan Burns said at the time they felt it is important to have regulations in place for short-term rentals within the city.
Basically, it allowed zoning regulations to allow short-term rentals, rented to transient occupants for fewer than 30 days, to be classified as permitted use rather than a conditional use in designated zoning districts. It also created a licensing and inspection program for the properties.
At issue were mandates under the ordinance requiring the operator to provide a certified list of all property owners within 200 feet. It also requires the Airbnb owner to secure an affidavit noting that at least 55% of the surrounding owners approve of the operation.
The ordinance also applies to bed and breakfasts and Vrbos.
“We’re going to take a look at it internally,” City Administrator Brandon Anderson said. Perhaps, it is to restrictive for the Airbnb owners and city administration staff will bring the matter back up before the council.
The discussion
As for Bahr, she wondered if the city would expand this to cover all rentals to the detriment of the rental market.
“In regards to my properties, I started my first Airbnb in 2020 and had it permitted with the city,” Bahr said. “My second house I bought in 2021 after talking to the city to see if there would be concerns about making an Airbnb. I was told that it was zoned commercial and it didn’t need to go through the permitting process.”
But, “since then, I was told that I need to go to every business and house within 200 feet and gather signatures agreeing that I can operate my Airbnb that’s been in business since 2021,” she said. “I feel that this is a safety concern for me and others going to random houses asking for this information.
“And since, I’ve had that house there, other businesses have opened within 200 feet of me and no one came to me asking for permission to start their business,” she said.
She said she was told she didn’t have to have this permit for this house, “otherwise I would have permitted this house already,” she said.
She also noted she takes good care of her properties to assure better ratings by guests. But, there is no neighboring rental property that is in poor condition, impacting her Airbnb’s appeal. “That seems to be not be a problem” with the city.
The city receives bed tax revenue through all Airbnb reservations, she said. Yet, she didn’t feel she was given an opportunity to address the council when this ordinance was being discussed.
A public notice announcing the change was published in the Great Bend Tribune. No one showed up to Planning Commission or council meetings when the topic arose.
“I was I was not aware of them. I assume others weren’t either,” Bahr said.
“I feel like if you want to have the best information in regards to this, that we should open this back up and get information from people that do this for the city,” she said.
It is expensive to establish an Airbnb, she said. There is the cost of the property plus the expenses to furnish and get the supplies.
She and others have gotten into the business and, six months later, they are being told there are additional requirements.
Also, she said, there is a tremendous need for these short-term rentals. She gets calls weekly from medical professionals, and construction and utility contractors needing temporary lodging.
Yet, Bahr said this change hamper efforts to fill this need.
It may also increase the city’s liability if there is a problem.
She was told these guidelines came after talking to other cities that have these kinds of ordinances in place. But, she contacted several communities, and was told such guidelines didn’t exist.
Another prospective
“I’m in a little different situation from everyone else as my Airbnb is located directly in downtown,” said Jarod Chansler. “I have zero residences around my business and I feel it is not fair for me, as a business, to have to get permission from other businesses to operate my business downtown.
“And so I’m asking that you guys would maybe reconsider the way that you have the ordinance written to state maybe to ask permission from residences downtown,” he said. He questioned who he was supposed to ask from the businesses that surround his property to get permission.
“That’s going to be a ridiculous amount of work for me to have to sort through all of this crap to figure out who I need to get a signature from so I can operate my business downtown,” he said. “I don’t think that that’s quite appropriate.”
He brought up the “Purpose and Intent” section of the ordinance. The idea is to “minimize the adverse effects of short-term rental uses on surrounding residential properties and neighborhoods, and to preserve the character, integrity and stability of residential neighborhoods in which short-term rental properties are located. This chapter is not intended to regulate hotels, motels lodging houses or hospitals.”
“I do not fit into that at all,” Chansler said. If this is the case, is the City Council then going to ask or mandate that Farmers Bank and Trust has ask me permission, or Rosewood, is Rosewood going to have to ask my permission?
“Are you just going to single out Airbnb businesses and make them get everyone’s permission?,” he said. “I understand it in certain situations, but in mine, I don’t think it’s quite fitting.”
