BOARD OF COMMISSIONERS MEETING Nov 17 2019

November 17, 2019

Beginning no earlier than 1:30pm on November 12th, the Washoe County Board of Commissioners will hear staff’s recommendations on two important agenda items; agenda item 28 on Short Term Rentals and agenda item 29 on the potential appeal to the Nevada Supreme Court to challenge the District Court’s decision in favor of the Village League To Save Incline Assets.  Click here to view the details.

Agenda Item 28 – Short Term Rentals

Discussion and possible action on staff recommendations for the regulation of short-term rentals within unincorporated Washoe County. This includes either confirming the policy recommendations or providing additional policy direction prior to staff bringing back specific ordinance language. Following that, staff will update the proposed language and make it available for a 21-day public comment period. Once that period ends, the official public hearing process will begin with hearings by both the Washoe County Planning Commission and the Board of County Commissioners prior to adoption.  To view more information on the proposed regulations, click here.

BACKGROUND INFORMATION
A small committee of Incline Village/Crystal Bay residents have been reviewing and analyzing the many documents, investigating, and attending the TRPA Short Term Rental Working Group, TRPA Advisory Planning Commission, and the TRPA Governing Board meetings.  Their focus has been on ensuring the Short Term Rental Neighborhood Compatibility Guidelines created by TRPA are consistent with TRPA’s charter and mission.  TRPA approved the Guidelines which require all basin jurisdictions to comply or risk having their housing allocations reduced.  Since Washoe County doesn’t need additional housing allocations, it’s unclear as to how TRPA will enforce the guidelines in Washoe County.  Click here to view the TRPA Neighborhood Compatibility Guidelines.

In addition, our residents have been attending Washoe County Board of Commissioners and Planning Commission meetings.  The main focus has been on asserting that the County building code contains different definitions and requirements of commercial activities as compared to residential activities.  A commercial hotel has more rigorous health and safety requirements than a residential home.  Short Term Rentals are defined as a commercial activity with the less stringent residential health and safety codes.

Most residential neighborhoods in Incline Village have recorded Declaration of Restrictions, which are legal contracts attached to each property.  These contracts are made available for review by every real estate buyer during the purchase process.  They contain a restriction on business use of the property.  Legal counsel has reviewed and determined they are enforceable.  Today, Bed and Breakfast type of use is allowed through the issuance of a special use permit which involves a public hearing. Click here to view a few neighborhood Declaration of Restriction documents.

To learn more about this committee or be added to their email list, drop them an email at iv.str.advisory.group@gmail.com.

Agenda Item 29 – Appeal of the Tax Revolt Decision

Recommendation to consider authorizing an appeal to the Nevada Supreme Court of the District Court’s granting of a petition for judicial review in the Village League to Save Incline Assets, Inc., et.al. vs. State of Nevada, et.al., Case No. CV03-06922, a case involving the State Board of Equalization’s November 30, 2017 equalization decision regarding residential property valuations in the Incline Village/Crystal Bay area of Washoe County; and authorize the Washoe County District Attorney to engage special outside counsel for the appeal.

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