Lakeville Residents Reject Rentals as ‘Code Violation’

LIVONIA – Permanent residents of Pebble Beach Road are saying that the recent uptick in properties advertised for rent is against Town Code.

A letter circulating Pebble Beach and surrounding neighborhoods, to be formally delivered to the Livonia Town Board at their meeting June 1 at 7 p.m., expresses concerns about the changing atmosphere of the neighborhood and alleges a code violation.

“Pebble Beach Road in Lakeville, which is zoned Neighborhood/Residential, was once a quiet stretch of year round or seasonal residents,” says the letter. “However, in recent years it has become home to multiple rental properties that are rented on a weekly basis resulting in a weekly in flow and out flow of transient visitors in the summer months. These short-term rentals have adversely affected the character of the neighborhood and are in violation of the essential nature of a Residential Neighborhood. They negatively impact day to day life with: increased traffic, increased on-street parking, noise in the evening and early morning hours, trespassing, an undeveloped residential lot being used as a parking lot and general disrespectful behavior that is inconsiderate to the residents of Pebble Beach.”

Neighbors to the properties interpret Livonia Town Zoning Code 150-31 NR Neighborhood Residential District and 150-5 Definitions to mean that ‘single family dwellings’ are allowed in ‘neighborhood residential districts,’ with a ‘single family dwelling’ defined as, ‘A dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.’ The concern is that because the properties are listed for rent, that constitutes a violation of this code.

A website, www.familytiesatpebblebeach.com, does advertise three cottages for rent and a fourth is advertised for rent on zillow.com. All told, the four do advertise to sleep a total of 47 people, park more than 38 cars and allow access to a boat trailer.

Calling the cell phone number with a Buffalo area code advertised for John McCoy, listed on the website as the owner of three of the four homes in question, got no comment besides “I don’t know anything about it. Sorry.”

The letter calls these residences ‘businesses operating in a residential neighborhood.’

“The rentals noted above are being run for-profit,” says the letter. “They are not owner occupied, they are advertised through online listings and websites (www.familytiesatpebblebeach.com) and offer motel like amenities such as off-street parking and boat rentals. Livingston County even subjects these rentals to the same Occupancy Tax applied to Hotel and Motels operating in the County. Even if these homes were being used as an ‘owner occupied’ Bed & Breakfast, the Zoning Code 150-3 requires a Conditional Use Permit be issued and occupancy would be limited to not more than ’10 lodgers.’ The current rentals have no limitation on occupancy and require no permit. In summary, these short-term rentals negatively impact the neighborhood and are against code. The Town of Livonia is allowing this to occur without any enforcement, Conditional Use Permit or Noise
Ordinance. We look forward to a discussion during the June 1 Town Meeting to understand what can be done to enforce the existing code and stop the Transient Occupancy of Single Family Dwellings in Residential zones.”