City councilman Peter Volosin鈥檚 application to rent out his two-bedroom basement in south 色多多 was vehemently opposed by his neighbors, and narrowly denied by a partial composition of the city鈥檚 Board of Zoning Appeals on Wednesday.
Volosin
The citizen board voted 3-2, with two members absent, on the application by Volosin and husband Malcolm Quigley, who requested to use the basement of their home at the corner of Richelieu Avenue and Serpentine Road Southwest as a homestay.
Volosin was not present; it was Quigley who spoke on the couple鈥檚 behalf. Quigley said a maximum of four guests would stay for no longer than 14 days, and he and Volosin would be home whenever guests were renting.
鈥淲e certainly understand and respect our neighbors鈥 opinions and value their input,鈥 Quigley said. 鈥淎nd we also value of the character and stability of south 色多多.鈥
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They intended to rent their basement out on Airbnb, a popular platform for short-term vacation rentals. A grey-haired crowd of opponents groaned at the board鈥檚 3-2 vote, until Vice Chair Meg Smith clarified.
鈥淭he application needed four votes to pass,鈥 Smith said. 鈥淪o this application has failed.鈥
Boos turned to applause, and the crowd of 50 or more opposing neighbors marched triumphantly out of the meeting room. More than 400 people from the south 色多多 area had signed a petition opposing the homestay, one speaker told the board.
鈥淎lmost the entire room is here in opposition to the homestay,鈥 said George Vogel III, a lawyer who spoke on behalf of several neighbors.
The only supporter to speak was Volosin and Quigley鈥檚 next-door neighbor, Katherine Brown.
鈥淚 can say without hesitation that they are responsible, thoughtful neighbors who care deeply about our community,鈥 Brown said. 鈥淚 understand there are common concerns with short-term rentals, like parking, safety and property values, but in this case, I believe those concerns have been thoughtfully and proactively addressed.鈥
Other neighbors were not convinced. Scott Avis, a real estate agent who lives about eight blocks away, said a homestay in the neighborhood would negatively impact property values and resale marketability.
鈥淚t鈥檚 a great idea,鈥 Avis said. 鈥淭he problem is, it鈥檚 just not in the right place.鈥
The city previously has approved two homestay special exceptions within three-quarters of a mile of the Volosin-Quigley property.
Board of Zoning Appeals member Christopher Miller challenged the opposing neighbors.
鈥淢y concern for people who are a number of blocks away, is it鈥檚 basically garden-variety NIMBYism,鈥 Miller said. 鈥淵ou know, Not In My Back Yard. You don鈥檛 have any evidence-based argument against this proposal.鈥
In special exception rulings, the board 鈥 which is appointed by the city council 鈥 is supposed to vote based on six criteria defined by city code: neighborhood compatibility; demand on public infrastructure; traffic generation; flood potential; zoning conformance; and fit with the city鈥檚 comprehensive plan.
鈥淲e understand what the concerns are,鈥 said board member Robert Logan. 鈥淏ut unless the concerns are specific to one of these six items, I can鈥檛 consider it in my decision.鈥
Logan, Miller, and the vice chair Smith voted to approve the special exception that would allow the short-term rental. Board members Edward Garner and Byron Hamlar voted against it, causing the request to fail due to insufficient support.
鈥淣eighborhood objection based upon the fact that it possibly, or probably, would increase crime in the neighborhood, even though that鈥檚 not one of the six criteria, that still came into play,鈥 Garner said. 鈥淭hat seemed to be something the citizens are concerned about, and I鈥檓 concerned about as well.鈥
Hamlar said it was the overwhelming community input that tipped his vote.
鈥淲e have to listen to the community as well, even though it met the standard,鈥 Hamlar said. 鈥淲hen you have so many in your community who is against something, I think that you need to go back and talk some more on that.鈥
Crucially for the applicants, two members of the board were absent at the 1 p.m. Wednesday meeting. Chairman Jason Varney had informed city staff ahead of time that he would be absent, staff members said.
Board member Andrew Raduly resigned April 25, citing scheduling conflicts, a staff member said. His term that began in January 2024 is set to expire at the end of 2026, and the vacancy is posted on the city鈥檚 website for applicants.
If one more board member had been present to vote in favor of the application, it would have passed. Before the vote, Smith gave Quigley the option to continue his application until a later date, but Quigley declined.
鈥淚 would like to be able to discuss with my neighbors in more depth, but from listening here today, I don鈥檛 think I would actually get through, so it鈥檚 difficult,鈥 Quigley said. 鈥淣o, I think we鈥檒l just go ahead.鈥
Also prior to the vote, Smith asked whether Quigley had considered renting the property out for longer-term stays of 30 days or more. It鈥檚 a use that is allowed by-right on the property, not requiring any application for special exception.
鈥淗onestly, we haven鈥檛,鈥 Quigley said. 鈥淒epending on today鈥檚 result, we may look into that, yes.鈥
Volosin did not return a phone call requesting comment.
