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Barbara Nightingale
From: LewisHale@aol.com
Sent: Saturday, October 14,20061:36 PM
To: Barbara Nightingale
Cc: amoss@dearbornmoss.com
Subject: Re: Comments of resort buildout
Barbara, thanks for clarifying. However, I think if you dig a bit deeper your analysis fails. For this reason, please
include your comments and this response in the log for the hearing examiner.
The use you are describing seems to better fall under the definition of "Transient residence or transient ADU,"
"which means a single family residential unit or ADU used for short term transient occupancy (for periods of less
than 30 days). Here it is noteworthy that Galt has ruled that the Trendwest use is not residential, and this
remains the official county position. The code definition of "residential development", which "means development
of land with dwelling units for nontransient occupancy", supports this position. You will also recall that Galt
declared the Trendwest use as being transient and Trendwest has stated that occupancy at their proposed resort
will be for less than 30 days i.e. transient.
Further, the definition you note for "Transient accommodations" "means a commercial use" with commercial
being the operative term. The code further defines "commercial use" as meaning "a business use or activity at a
scale greater than a home business or cottage industry involving retail or wholesale marketing of goods and
services". So someone renting out their home on a transient basis would be a home business and not a
commercial use, but Trendwest, being on a scale greater than a home business, would clearly be a commercial
use and not allowed in an area zoned single family.
The last point 1 would make is that it is different when someone rents out a residence they own vs Trendwest
which is a corporately owned facility and thus clearly not a home based business. In this regard Trendwest
seems to fit best under the definition of "Hotel" which is "a commercial building in which lodging is provided and
offered to the public for compensation, and which is open to transient guests, and is not a motel or bed and
breakfast inn as otherwise defined in this code." (Trendwest might be a "motel" depending on the actual design,
but this doesn't change anything since the only difference between a hotel and motel is the access to the rooms
which for a motel is via an exterior door.) This was also Galt's conclusion.
Thanks and this is obviously and interesting question and I would value any further comments you have, since I'm
not a planner but merely taking the code definitions at face value.
Regards,
Lewis
# laea-fTEM
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10/16/2006