Help Request

[Patricia540]

I need advocating help in the form of a short two sentence email sent to our Town Village Board.

 Saying...I believe respectful duplex property owners should be allowed to use AirBNB to rent their owner occupied property for any length of time.  

SEND TO:

vlb@lakebluff.org

This is the Village of Lake Bluff, Illinois

THANK YOU

We bought our 1931 two flat 6 years ago and have been fixing it up ever since.  It was a fire hazard in very bad shape when we bought it.  I am now 56 and lost my job, we need to rent it out, but it is still our home in the bottom floor.  We need to rent it out intermittently to have it available for friends and family to visit, and families in need.  A safer and better source for doing so is AIRBNb.  One neighbor is spearheading the cause of NO rentals less then one year next to me, even though when she bought her house next door the long term renter in the duplex  turned out to be a heinous pedaphile, the house was raided and he is in jail for 40+ years.    Short term rentals are safer!  Please help

[Curt0]

Patricia,  suggest you call your zoning administrator and ask if your proposed use is allowed in your zoining district.  And have him/her show you where in the code your potential use is described.  Having non residents send in an email saying we think your use is desireable will not cut it.   Either it is allowed or is not based on zoning ordinances.   If it is not then you could start a campaign to have it changed but that would take a lot of time and you would have to convince a majority of your towns planning/zoning/and city commissioners.  Please post what you find out.   Regards,  Curt

[Patricia540]

Thank you for your input.  Please accept my correction of your comments.  I have the only zoned 2 flat, built and zoned as two flat, in east lake bluff, il.  it is zoned as a rental.  We have had the town meeting already where the acknowledgement of NO current zoning regarding length of rentals is on the books.  I just met with the trustee of town and what we must do is consensus building...which is lame.  He suggested I get as many emails in as possible supporting a owner occupied property owner of 2 flat be allowed any length of stay rentals.  The one neighbor is leading a opposition crusade based on emotions...and with false incorrect comments.  I don't agree with how the town operates, I only know this is what was suggested be done. thanks

[Curt0]

Hi again,

Can you show me where in your zoning code that you are zoned as a rental.  I don't see it.  Zoning codes have zoning districts and then uses that are allowed by right and restrictions of all types (lot sizes, setbacks,  building limitations, and lots more).   I am confused as I have looked at zoning for Lake Bluff.   Is East Lake Bluff a seperate legal entity from Lake Bluff.  So if you are legal to operate as a rental I think you are in great shape.   If they were to change the zoning ordinance and add language that limits stays for say not less than 30 days, then you would become a LEGAL non conforming use.  When zoning laws are changed if you had a legal use and then the new law outlaws that use, you are grandfathered in.  But no new persons can start up the now non legal use.  I am not a lawyer but was a zoning commissioner in Connecticut so am somewhat familiar with zoning procedures.  You may want to talk to a lawyer friend on this.   But I would like to hear more.   Regards,   Curt

[Patricia540]

Thank you for your time and very valuable info!

Let me clarify.  I own the only two flat in East Lake Bluff.  It is in a highly visible residential area surrounded by million dollar single family homes.  It is zoned as a two family.  What I interpret this to mean is I can rent it, as it was rented before we bought it...has separate utilities, two interior staircases etc.  So it is zoned as two family.  I then made the assumption I can rent it for any length of time as my property right.  I was told by the Trustee this morning that this is a ambiguous old zoning language about not less then 30 days, but it is not clear and before AirBNB.  The last town meeting the town refused to do the Cease and Desist letter demanded by  my angry next door neighbor, who happens to be a real estate lawyer.  Really, 80% of my 5 rentals have been "long Term" and the quality of people is amazing!! as opposed to the pedaphile who was a long term tenant before I arrived.

So we have the zoning aspect, a neighbor dispute and my threat that if I can't use the house as a home, (after working on improving it the last 6 years) home definition is I can bring in my family and friends to use the upstairs flat, so I need to rent the unit intermittently....if I can't do this then I will simply leave the town I love and rent it out without any discrimination to any large family, special needs children and minorities.

 I am simply asking for privacy and respect as I have offered to address any and all concerns...there have been none...ther are only 3 AirBNB s in town, I went to the police and asked if there have been any problems...there have NOT, NONE with the 3 AirBNBs..  I have gone out of my way to address any concerns any neighbor will have.  The woman across the street and the doctor on the other side of me have not problem with my multifamily used as a AirBNB.  they told me the woman is shooting herself in the foot.  AirBNB is good for the town.  And to top it off the Zoning Commission Head is my neighbor two doors down who wants NO rentals less then a year on the street.  I asked that she remove herself because of conflict of interest.  We will see.  So the plot thickens and in a small town of 6,000 it is more then just zoning...The slanderous statments that my neighbor has made to the newspapers (which I had them correct) and the crusade against is unbelieveable and should not be allowed.  ...I could go on...but I have to drum up support..... Back to the original request, could use some emails in support of a multifamily unit being used for any length of time as a rental if it is owner occupied...if you feel comfortable saying a town of 6,000 should only have 5 AirBNBs and wait and see how it goes, then go for it.  Thanks

[Curt0]

Hi Patricia,

Wow,  yes the plot thickens but.........  don't panic.  This will come down
to law, not what the trustee wants or what the head of the zoning
commission wants.  It will be strictly what is law now.  So from the non
issued cease and desist letter from a neighbor, what law or ordinance did
he/she say you were breaking?  I am trying to understand your zoning
ordinance and need to verify the legal entity is Bluff Lake, Ill.  (not
some other entity like East Bluff Lake).  Specifically what zone are you
in.   I would really like to see how you are zoned.  You mention 2 family.
I want to see that.  As mentioned I am not a lawyer but have had a run in
with my airbnb property.   The township lost after a year in the Michigan
Tax Tribunal because it was simple.  The administrative law judge only goes
by the LAW:  not what the local township board wanted.  I was legal and
broke no zoning ordinances nor Michigan law.  And this will be your
situation as well.  It will be the law only.  Not opinions.  Regards,  Curt

Also where is the reference to 30 days in your zoning ordinance mentioned by your trustee?

[Curt0]

I see the info from the COW 4-10-17.   I need to spend more time with this.  Curt

[Patricia540]

Curt,

Really appreciate your review of this.  As mentioned, I was told the old language is ambiguous.  It would be very good to get your take on this.  I am in Lake Bluff.  The real estate lawyer neighbor screamed and yelled (yes literally) at the town village board and attorney(present) and said they are disregarding the zoning in place...etc etc.  Angry is an understatement.

I just posted the following on my Facebook....have to drum up support...as again, it was explained to me it is about gathering troops......

"A heinous convicted Pedaphile that had a year lease, lived in my East Lake Bluff multifamily home before I bought it.

And now the Town Village Board is receiving pressure to allow only long term rentals in a owner occupied 2 flat and Prohibit all AirBNBs and the safety mechanisms they provide.

Go Figure?

Learn about AirBNB Safety and community benefits of shared economy platforms - and have a voice."

[Patricia540]

Sorry, I am obviously still on the emotional side of things.

One of the the zoning commissioner comments were if it is NOT addressed in "the table" then it is not allowed.  The table had all types of buildings and use and B&B or short term rentals wern't included.

[Curt0]

Hi Trish,

A few thoughts.....  

Is the entrance to the 2nd floor unit totally seperate from the 1st floor entrance?   You are in an R4 zoning district and multifamily does not appear to be a permitted use.  What is the history of rental for this property.  Do you know what this property was being used in 1994.   That seems to be the time period that the town enacted these zoning provisions.  So at that time if it was a rental then I think (but would totally need to be verifed by a knowledgeable source) .  From your cities code:

"4. Extension Of Use: A nonconforming use of land or of a structure shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activity shall include, without limitation:

a. An extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on February 15, 1994, or any amendment hereto that causes such use to become nonconforming.

b. An extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on February 15, 1994, or any amendment hereto that causes such use to become nonconforming."

For your consideration.   Curt

[Patricia540]

The property is ** E Scranton Avenue, **

It was built as a two flat multifamily, with two entrances, a front and side.  Each entrance has a solid wooden door that allows entry to first floor, or continue up the stairs to the second floor.  You could designate the side entrance is for the tenants and the front one for us.  But, for safety code, both entrances can go either upstairs or downstairs and they both have locked doors for first and second floors.

The property has always had two separate utilities and meters, one for each floor, , separate dining, kitchen, living, bathroom and two bedrooms.  It was built as a two flat.  It has always been a rental.  If i need to consider it a shared residence I can simply open up the  doors.

Is the entrance to the 2nd floor unit totally separate from the 1st floor entrance?   YES

You are in an R4 zoning district and multifamily does not appear to be a permitted use.

                 The home was BUILT as a multifamily in a R4, so it must have that use, and when I bought it it was noted in the town                                      records as a multifamily.

What is the history of rental for this property. 

          The property has always been rented, either both floors or one or the other while owner occupied.  Yes it was rented out in 1994, whether short or long term..who knows...but I am thinking both ways for my understanding of the relationships of the couple and then widow owner.

So considering this  I would interpret the city's code to read that it is allowed, as it was always a rental and yes to that specific year....as to whether we are expanding that capability...I have no idea how that would be interpreted.  

So, I await your expertise.  Can't tell you how much this is appreciated on many levels.

Also, can a Zoning Commisioner arbitrarily make the statement that since a short term rental is not explicity stated in zoning table for this type of house it is forbidden.?  Or is this a fact based statement...do you know?

Yes I am picking your brain....perhaps you feel honored?...you are using your past volunteer experience to very good use.

"4. Extension Of Use: A nonconforming use of land or of a structure shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activity shall include, without limitation:

a. An extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on February 15, 1994, or any amendment hereto that causes such use to become nonconforming.

b. An extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was