Airbnb saga | A toast to progress

Dana McMahan

Guest Contributor

I'd like to toast to the most productive hour we've had since beginning the process of applying for a short-term rental conditional use permit. On Monday, Sept. 19, my husband and I met with our case manager Joe Haberman at Planning & Design offices downtown. I left with every question answered and a greater sense of understanding this process than I've been able to gain by reading the volumes of material on the city's website.

To wit: those ominous-sounding “agency comments” we waited for on our pre-application? Haberman explained that if we were building a carriage house, for instance, MSD would have commented, as would have other government agencies. No big change? No agency comments.

But my bigger question was what to expect when we reach the public hearing. The word 'hearing' itself, in conjunction with feeling like our neighborhood alone is being persecuted -- topped with my overdrive imagination – had me on high alert. But Haberman outlined what to expect: This board, which is made up of mayor-appointed citizens – and in an unfortunate use of acronym is called BOZA – is there to determine if we're meeting the standards of the ordinance, and to hear if we will be adversely affecting neighbors' quality of life.

Haberman will present our case to them. We'll then speak on our own behalf, and the board will hear any who oppose. We can rebut each opposition. A typical argument against a conditional permit might include parking, he said, which shouldn't be an issue since we live on a corner, park our sole car in our garage and never lack for space. Those concerned that we might rent our home to group on a Bacchanalian getaway will be able to hear the strict requirements we have for guests in what is, after all, our home, the place we live and will be paying on for the next 30 years. The last thing we want is a wild party.

►Airbnb saga | Owners to detail pursuit of permit

“They can't deny you because they don't like you,” Haberman said. “They can't deny you because neighbors just don't want short term rentals. Council has decided that you can do this if you meet the standards.” As long as we're not having a negative impact on immediate neighbor's quality of life, we're in “pretty good shape,” he said. The board will make a decision that day, and if they vote yes, Haberman will give me the final piece of paper to complete – the registration that the rest of the city's hosts can jump straight to.

That settled, I moved on to my next burning question. The ordinance prohibits hosts from “serving or otherwise providing” food and beverage to guests. Need we empty our fridge and cupboards before leaving the house, I asked, or is it simply that we can't cook for them? What about a box of donuts from Nord's?

That topic seemed to put us on slightly more shifting sands. We certainly can't cook for guests, Haberman explained unless we want to register as a Bed and Breakfast (no thanks). This rule is meant to keep public health and wellness out of our kitchen. (I think the city is right in assuming we don't want to add kitchen inspections to this process!) And selling alcohol is strictly forbidden without a license. My husband pressed for elaboration: “What if we want to give them a bottle of wine as a gift?” Especially for Derby renters, we like to leave gifts ranging from flowers to local chocolates to bourbon for our guests. Are we breaking the law if we do that?

That's a fine line, Haberman said. “Would you share a drink with anyone who came over, or just paying guests?” I had to laugh – most anyone who's ever come to our house can answer that question. We love to share our bourbon collection. This seemed like a slippery slope so I steered the conversation elsewhere, but Haberman did reassure me. “Nobody's asking anybody to clear out their fridge or their bar.”

So, we'll toast to progress, and to questions answered. And maybe to quiet toasts with new friends.

Dana McMahan is a Louisville-based freelance food and travel writer. Her work has appeared in The Courier-Journal and other regional and national publications.

More about Louisville's short-term-rental ordinance