Letters of Support

An open letter to anyone wishing to resolve the current divisive issue of STR placement in the RM of Harrison Park.

Re: Short Term Rentals

I am compelled to make this submission as a result of accelerating short term rental (STR) activity in residentially zoned neighbourhoods within the RM of Harrison Park and, more specifically, those cottage areas that bound the south edge of Riding Mountain National Park.

Let me begin by saying, I understand, better than most, the value of the tourism dollar to this region and the extreme impact it has on businesses, employment and continued amenity enhancements for all that enjoy this island on the prairie. But, tourism growth cannot occur at any cost and, most definitely, not at the expense of those that have chosen to reside in residentially zoned neighbourhoods. There is one exception to my position and I will expand on that later.

Much has been shared about the perceived and actual positives and negatives of STRs. Some of it factual, some anecdotal, some wishful and all of it symptomatic. People have largely focussed on the impact of STRs on their personal lives, as is human nature. Council needs to concentrate on the root cause of the problem and, from there, I feel the solution will be abundantly clear.

STRs are a global phenomenon and a global scourge when not properly inserted in a community. They are a product of today’s digital economy, an economy that has far outpaced local governments’ ability to address this new and growing force. With the success of STR websites, anyone could rent anything, at anytime, anywhere…….until now. The time has come for regulations to catch up to the digital age. Some communities, both near and far, have already done so and we should be utilizing their experience for guidance.

I give the STR owners full credit for seeing an opportunity and jumping on it, after all, everyone’s doing it….right? And, besides, who wouldn’t want to have someone else pay for their real estate holdings? On the flip side, I fault STR owners for not being absolutely sure STRs were a permitted use in the RG zone. By the prevailing Zoning By-law 1311, they certainly are not.

There is nothing grey about the zoning by-law at all. In the RG zone, STRs are not listed as permitted or conditional and therefore are not permitted. A change of use should trigger all sorts of analysis. In the case of STRs in the RG zone, the use has been modified from a distinctly personal single-family use to one that is a blatantly business use. These two uses could not be more different. The similarity ends as soon as rents are charged, expenses deducted, profits realized and occupant turnover is frequent.

The following passage was lifted from the very material provided by the Province of Manitoba for municipalities to follow when developing and enacting their respective zoning by-laws. The last sentence says it all.

The Municipal Planning Guide to Zoning Bylaws in Manitoba

Component B: Reference Binder of Model Zoning Language

3.3 Permitted and Conditional Uses

The permitted and conditional uses prescribed for parcels within each zone are those set out in the Use Table[s] [Table 1.1]. Permitted uses are indicated on this table with the letter [P]. Conditional uses are indicated on this table with the letter [C]. Where a use is not listed and is not similar to, or accessory to, a permitted or conditional principal use, or a permitted or conditional secondary use, the use is not allowed in the zone.

Adhering to the stated regulations would suffice and would also save considerable municipal resources. Fortunately, it’s not too late to get this issue back on track. Proponents of STRs will argue they cater to a single family renter in a single family dwelling, therefore, it fits. This is a simplistic, inaccurate and selfish argument. More to the point, the owner is providing a service for which they are compensated. They receive revenue, they deduct expenses and the difference is their profit in the form of cash and/or equity increase in their property. By anyone’s definition, that is a business. To support that, STRs absolutely fall within the definition of a business used by Canada Revenue Agency.

Earlier I mentioned that the solution would be abundantly clear. There you have it. Businesses that are not deemed home-based in owner-occupied residences and approved by the RM are not a permitted use in residential zones.

Some supporters of STRs have mentioned the “business model” for STRs. Another even used the phrase “our businesses” when referencing STR owners in a submission to council. By their own admission, STR owners are operating businesses in residential zones, albeit, without approval……some would say, illegally. I won’t go that far because it’s possible many did it out of ignorance and
inexperience. They simply didn’t know any better and they didn’t think to confirm its permissibility. However, ignorance of the law is not a defense.

The one exception to my position is condominiums and similar developments. They typically have an elected board that makes decisions on behalf of, and for, the combined group of owners. If they, as a group, decide that STRs within their development fits their model, then I’m fine with that. It’s a democratic process and all members have a chance to speak to the issue. I only wish I had an opportunity to do the same before STRs showed up in my neighbourhood. Fortunately, the zoning by-law is in place to speak on my behalf.

Zoning by-laws are created for a reason. They guide development. They create structure that minimizes, and hopefully eliminates, conflict. Compatibility among neighbouring uses is key to a well thought out plan. Clear, well-defined and appropriately regulated zoning by-laws will actually attract development and eliminate developer assumptions. Without changing a single word in the existing
zoning by-law, enforcement would suffice in this instance.

I will close by saying, I am not anti-STR. They have their place and also a critical role to play in our municipality. I expect the RM of Harrison Park to recognize that they have the tools in hand, right now, to guide proper and legal STR placement and growth. Zones already exist where STRs are permissible without question. Use them. RG is not included in that selection.

I look forward to a speedy and thoughtful resolution.

Marlow Kirton
89 Wildwood Bay

Members of Harrison Park Council,

My husband and I recently made the decision to move to Onanole to become permanent residents. We instantly fell in love with the quiet serenity of XXXXXXXXXXXXXX. We paid a substantial sum of money to purchase a well-established home in the area. It was exactly what we were looking for. A place where we could get to know our neighbours, make friendships and develop a sense of belonging and community. Unfortunately, within a month of our purchase we heard about an STR opening up in the area and rumours that there were more to come. We are deeply concerned about this situation as we want to live in a peaceful, residential area where we know who our neighbours are, where we, our children, grandchildren and friends can live and visit with a sense of security. We
want to feel safe and do not wish to be exposed to transient guests coming in an out of our area. Without owners on site there is nobody there to ensure rules are followed, quiet times are observed, etc.

We specifically bought a home in a residential area where we believed only residential homes and seasonal cottages were allowed. We do not understand why commercial businesses are permitted to operate in a residential neighbourhood. It is our understanding that the existing bylaws that govern our municipality do not permit businesses to operate in residential areas. These STRs are businesses and should be classified as commercial and not be allowed to operate in residential areas.

As business owners, our biggest concern is finding employees to work for us during the spring, summer and fall months. In the past few years, the lack of affordable monthly rentals/housing for students we depend on has become a huge problem. We experienced this first hand when our hired worker who was paying reasonable rent through the winter suddenly couldn’t afford his place when it turned into an STR on June 1, and left him with no place to live. We heard similar concerns from our nieces who were employed by the Park. They and others were forced to drive long distances from neighbouring communities simply because there was no where they could afford to live. Without employees, we and other businesses will struggle to operate.

In closing, we hope our concerns are recognized and resolved so we can enjoy our new home and community.

"...With regards to Short-Term Rental (STR) properties in Harrison Park, specifically the Onanole area including adjacent residential properties to Riding Mountain National Park.  I am in full support that such commercial endeavours do not have a place in residential areas.

Increasingly, I’m hearing young people, many who work in the area, who wish to make a permanent relocation to our beautiful community, are unable to find adequate housing.  A major factor is competing with STR owners, who seemingly have no regard for actually wanting to make our community better, but instead are only interested in profit.

For a community to grow and progress and establish fabric, it’s takes people who are vested in the community.  Who will visit local stores year-round and have children in our school.  Who will contribute to actually improving our area. STRs absolutely play no role in developing a community.  They do not generate more taxes, and often renters have little regard for the community and residences
around them.  Residential areas should not be compromised by such businesses.

When people move into a neighbourhood, they expect their neighbours to be respectful of community values such as quiet times and maintaining property. Many of us live here for the same reasons.  It is a safe community.  It is a respectful community.  It’s a place where residents come together to support local families and businesses.  To have moved to such an idyllic place, and then to have a STR established next door, disrupting the quality of life, is shameful.  Zoned residential areas should not be exploited for commercial gains.."

"... This summer we have experienced, on many occasions, loud noisy parties in the evenings, one even using a megaphone. As many as 10-12 cars are parked at one residence, parking in the driveway, along the road, and in the ditches. These STR’s have no control of anything. This is single family residential zoning not commercial...";

"…There are now 3 Airbnbs in our development all owned by XXXXXXXXXXXXXXXXX. In the last year we have had tenants trespass on our property to steal firewood off our woodpile, tenants have had open fires in an unsafe manner while tossing their wine and beer bottles onto our property. Because the cottage next door is a 5 bedroom, we have 5 or six vehicles next door and of course loud parties on their deck. We have had impaired tenants burning donuts in the end of the cu-de-sac creating huge clouds of dust.

On another weekend the residents of the Airbnb decided to wander around firing off their semi-automatic guns.

Rather than hearing loons on a nearby lake while we dine on our deck we hear loud parties, breaking glass and loud music.

Our cottage development has changed drastically from a number of family-owned cottages to a busy holiday rental business..."

To Whom It May Concern,

I’m not in favour of short-term rentals in the residential areas of our municipality for these reasons:

• Devalues my property
• STR's bring excessive transient traffic into our residential area
• Noise levels & Safety - our quality of life is negatively affected by people renting the STR’s who have no regard or accountability for the disruptions caused by their presence. From pulling into properties by mistake late at night, to having parties outside lasting into the wee hours of the morning causes people’s lives to be very disrupted. I am a full-time resident who lives and works here and to be situated next to party central is sure not a great thing.
• Added strain on RCMP with calls from residents complaining about the activities at a short-term rental.
• No controls on where a cottage can be converted into a rental property.
• No accountability on the part of the landlords for health and safety inspections. Any licensed hotel or Bed and Breakfast has to adhere to government regulated safety procedures and don’t see this happening with short term rentals.

No commercial endeavor should be situated in a residential area. And business licenses need to be developed and appropriate taxation applied to people who are running these commercial properties.

I’m not anti-business in any way shape or form. But I am concerned about some of the problems the short-term rentals bring to our community.

I am hopeful that the Council will work to develop some effective guidelines to ensure that the quality of life we all enjoy is maintained here.

To: The Reeve and councillors of Harrison Park

I am a ratepayer and full-time resident of Grey Owl Resort in Onanole, and am writing with concern re: the recent rash of non owner occupied STR’s in this small residential area. As evidenced by the numbers of concerned residents in this and several surrounding neighbourhoods, it is a common concern for the majority of owners. In my area specifically, all existing STR’s are being run by non resident off-site owners. On the small bay where I live, STR’s come very close to outnumbering owner-occupied homes/cottages. This recent trend needs to be addressed immediately with by laws, to reverse and curtail new non owner occupied STR’s, as they are without question, commercial businesses.

There is a bottom line that all the rhetoric on either side of this issue cannot deny, and that is that a residential area has certain protections due to by laws, the main one, and the one at issue here, is that commercial enterprises are banned. There are many obvious reasons for this, and most have already been addressed in the presentation to the RM, by a concerned representative group of residents. No need to reinvent the wheel, just please continue to protect ratepayers who have invested heavily in our land and homes.

Ratepayers have responsibilities. When I purchased my land to build my permanent home here, moving from Winnipeg to enjoy what so many love about this area, over a decade ago, I had to abide by certain restrictions for the physical build, the environment, paying an annual tax supplement for a water system the RM initiated plans for. It was expected that I build within 2 years, could not have a grey water field, and could not have a temporary structure for longer than 2 years while building. All very reasonable, and all to protect the community, resources, and beautiful environment.

This past winter/spring/summer I have seen and experienced firsthand the effects of living in close range to a number of STR’s. There is, overall, a frustrating disregard by these renters for the residential community and residents. I am literally surrounded by non owner occupied STRs, with others in close range. I have no neighbours to count on, just a different set of transient visitors every 2-3 days, who, by all rights of their ‘rental agreement’, are here to party up for 2 days and then go home to their own well protected residential areas.

The STR’s here are large, so renters have invited up to 3 other families to share, so on most occasions there are 4 to 5 vehicles/families at each property. I have endured deck parties with beer bottles thrown into my yard, late night fire circles with loud music, garbage left out after leaving, and most recently a 30 to 50 person gathering at an STR two lots away. There is little recourse other than to call on local law enforcement, who should not be responding to nuisance calls at an exponential rate. Onanole volunteer fire dept has also attended to unnecessary calls this summer due to renters unable to turn off smoke alarms. These are just a few of the constant stressors for residents due to STR’s and a very unnecessary decimation of neighbourhood and community.

This is not the quiet residential area I invested in and understood it to be. I could have invested in a downtown condo, and didn’t. I invested in Onanole. I am asking that the RM consider the value of those who have committed to a life and roots in Onanole, rather than in those whose interests are purely for financial gain, as eloquently as it is couched in a rhetoric of goodwill and the ‘good’ of the
community. I’m quite certain that any entrepreneurs who were forced to live beside a non owner occupied STR at their permanent homes would be immediately on-side.

I’m also quite sure that all councillors have an interest in building a community that serves their ratepayers, and that this sudden influx of STR’s was an unexpected trend. However, there is an obvious and immediate need to address this proliferation of illegal commercial enterprises in residential areas. There are many places to put commercial hotels, and residential areas are not it. Please consider by laws initiated in other like-minded communities that address this burgeoning issue.

Please consider the suggestions outlined in the presentation re: existing STR’s in our residential areas, as there is already a monumental loss of community. Please address any possibility of future STR’s to preserve what’s left of it.