The first short-term rental licensing appeal to make its way to Victoria’s city council chamber has been turned down.
Council voted 8-1 to uphold a licence inspector’s decision to deny a licence for a short-term rental to Wayne Banh for a residence at 2438 Chambers St.
In voting to side with city staff, councillors noted the evidence presented suggested the home in question was not the owner’s primary residence and was being advertised as being available year-round.
Coun. Matt Dell said the unit did not comply with requirements set out in short-term-rental regulation bylaws that it needed to be someone’s principle residence. Coun. Dave Thompson pointed to a lack of material in the home to suggest that it was a principal residence. “It certainly looks like the place was staged to be a short-term rental,” he said. “And it was listed with availability for a full year, which suggests that it’s not a principal residence.”
The only councillor to side with the homeowner was Jeremy Caradonna, who said there appeared to be evidence the owner’s address is 2438 Chambers St. based on a submitted driver’s licence.
“Given that there is objective proof here that this person’s home address is listed as 2438, I think that perhaps there is a path ahead for the city to work with the applicant and figure out a pathway in which this could become compliant,” he said.
This year, the city tightened its rules around short-term rentals, including restricting the occasional rental of someone’s entire home to four bookings a year and requiring those renting out their “principal residences” to furnish proof to the city that the home is their principal residence. Council has the final word in an appeals process that involves written submissions and responses between the applicant and the city.
Council had the option of upholding the decision to deny the licence or overturning the decision, which would have meant the city would licence the home for short-term rental.
The province announced this week that it’s bringing in legislation aimed at sending thousands of short-term vacation rentals back into the long-term rental market. As of May 1, short-term-rental units in communities with more than 10,000 people will be allowed only in the principal residence of the host, plus one secondary suite or laneway home.
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