Recent posts

#21
Short Term Rentals in Single Family Zoned Neighborhoods


Consistent with the Comprehensive Zoning Ordinance short term rentals have never been a permitted use in any zoning district. 

While short term rentals may be appropriate in certain commercial, mixed use and permitted rural overlay areas they are not compatible with residentially zoned areas, especially subdivisions zoned for single family residential use. 

Short term rentals are business operations whereby there is a flow of temporary stays by visitors for revenue akin to the operation of a hotel and as such should be subject to the same plot development standards such as parking, building setbacks, construction standards, etc. 


Problems with short term rentals:

Reality of the short term rental:
Because of the lack of supervision associated with short term rentals and because there are 2 or more rooms in a home, they draw groups that routinely have more of an impact than the typical hotel occupant which is in itself obviously commercial. 

They are visitors mostly coming to party and use the property as a cheap event venue hosting many more people than a home would typically support.  Sometimes it turns into an "Animal House" - boisterous public behavior, live bands or DJ, outdoor drunkenness, cursing, drug use, karaoke, sexually suggestive behavior, use of watercraft with no experience, trespass upon and invading the privacy of neighboring property, block access to parking and strange people giving neighbors that creepy feeling.

Community:
Short term rentals are occupied by visitors that have no vested interest in the community and because their stay is temporary are not typically concerned with the impact they have on neighboring homes.   For the same reasons they cannot register to vote.  In the end "visitor" and "resident" are and will always remain different words legally and otherwise. 

Crime:
Short term rental occupants are visitors and therefore local law enforcement does not have a "heads up" of possible incoming criminal activity. 

Sometimes short term rentals are booked by a "clean party" that passes credit and other background checks only to turn around and invite more in mass to join in.  It is impossible for the booking agent to know the character of these additional guests that seem to just show up. 

Short term rentals are magnets for illegal and unwanted activities.  There could be off-site gambling, drug dealers, addicts, prostitutes, sexual predators, criminals on the run, etc.  Under the short term rental atmosphere Sex Offenders skirt the lawfully required notice to the community as required by Louisiana law yet they are staying maybe 10 feet from your bedroom window with no on-site supervision at all. 

Traffic:
Traffic is substantially impacted by Short Term Rentals.  Because the occupant's stay is temporary they are running here and there to different attractions and to pick up last minute items.  Multiply this by the rush mentality and number of occupants and the amount and nature of the traffic suffers.

Property values:
No family is going to knowingly buy a family home next door to a short term rental, it destroys the single family home atmosphere.  Those wishing to sell after a neighboring home goes "short term rental" will find that only another short term rental will purchase their home.  This spreads like a slow moving cancer destroying a neighborhood. 

Intended Use and Enforcement by the parish:
Single family residential construction most often occurs in high density subdivisions whereby homes are often separated by as little as 10 - 12 feet.  Such close spacing precludes parking facilities supportive of gatherings typically associated with the short term vacationing, partying or event atmospheres.  These same types of gatherings often damage the peaceful family oriented atmosphere protected by zoning ordinance. 

Why are the zoning laws not being enforced right now?  There is nothing more important or personal to a resident than his home.  Not respecting the zoning already in place is not only a violation of law but also a violation of public trust in our elected officials.  Some have said that enforcement is difficult.  I think not. 

Structures are permitted, inspected and purpose built.  When construction is completed a Certificate of Occupancy is issued before occupancy can take place.   Construction specifications as well as its intended purpose both affect the Certificate of Occupancy.  If a structure is subsequently used for a different purpose its Certificate of Occupancy can be pulled until the structure comes into compliance.  If all else fails this is a tool that may be used to force compliance.

If a property zoned as "single family residence" is advertised as a "Short Term Rental", or any other non-conforming use, or a complaint is confirmed then code enforcement simply places a "Cease and Desist" notice on the property.  If that is ignored then a summons to appear in court is issued whereby a fine per occurrence is issued along with the warning that if the violation is repeated then the "Certificate of Occupancy" will be withdrawn and that the power company will be notified to discontinue electrical service until the court is satisfied with a plan that ensures future violations will not occur. 

In summary, Hotels are not only taxed and regulated but have on-site management and security.  Hotels are where visitors belong, not roaming in and out of single family neighborhoods where people are raising their families.

submitted by
Lee Longstreet
June 29, 2021

#22
(Click Here) to return to Topics / Short Term Rentals & Zoning
Last post by Lee Longstreet - December 16, 2021, 04:22:02 PM
SUBJECT:  STR Rezoning Appeal 2021-2643-ZC ... A-4 to NC-4

Public Meeting - To be held Jan. 4 @ 6pm 2022 in the St. Tammany parish council chambers on Koop Dr. in Mandeville.

The property at 450 Eden Isles Dr. has been used as a short term rental contrary to zoning that restricts it's use to that of a single family residence. 

The owners have been issued a cease and desist order from St. Tammany Parish but are now appealing for a zoning change to NC-4.  I think we need to consider that NC-4 as defined in the zoning ordinance includes the rights granted within the classifications of NC-3, NC-2 and NC-1.  NC-3 does allow for short term rentals. 

The granting of a NC-4 variance would not only codify STR operations but allow full neighborhood commercial activities.  Please see www.eiohforum.com and click on "Residential Zoning" for a good index into the St. Tammany parish code.  The property in question was not permitted for these types of operations, contrary to our covenants and not wanted in our neighborhood. 

The reason this appeal is so important is that if the variance were to be granted then this would set legal precedent for others sure to follow.  Let's say another home wanted to do STR's, then they too could appeal for a variance citing the zoning appeals board had already given a variance to someone else in the neighborhood.  This would likely spread and destroy the very character of the neighborhood. 
#23
(Click Here) to return to Topics / Hwy. 11 improvement proposal A...
Last post by Administrator - December 12, 2021, 12:33:55 AM
Initial Hwy. 11 improvement proposal. 


#24
(Click Here) to return to Topics / Re: Free Off-the-Air TV
Last post by Administrator - December 11, 2021, 11:58:43 PM
Here is some more info ...

http://www.fcc.gov/mb/facts/otard.html   fcc ruling on homeowner association covenants

http://www.antennapoint.com  mapping & channel list for local TV broadcasts

http://www.tvfool.com  channel locator and signal strength estimator

Antennas are frequency selective, and each TV channel is transmitted on a different frequency.  The bow tie antenna is designed to work on a broader range of frequencies and has been around for at least 50 years.  You can "google" bow tie antenna for a lot of extra information.

Some do it yourself bow tie antennas:

http://www.diytvantennas.com/bowtie.php

http://uhfhdtvantenna.blogspot.com

A ready made antenna inside an enclosure with a built in booster:
http://www.antennahub.com/television-antenna.aspx?gclid=CNbGwbnQkLUCFQeDnQodBmwABQ   

YouTube video on above antenna: http://www.youtube.com/watch?v=VkmKVVa5xeg&feature=youtu.be
#25
(Click Here) to return to Topics / Free Off-the-Air TV
Last post by Administrator - December 11, 2021, 11:51:51 PM
OFF-THE-AIR TV RECEPTION IN EDEN ISLES

    In 2009 the FCC forced us to move to the new standard of modulation for the off-air broadcast stations. The reason they did this is because the new modulation technique is vastly superior. Almost all of the transmitter locations for New Orleans are in the Chalmette area so you really can get about 35 channels of free off-air broadcast stations perfectly here in Eden Isles by pointing your antenna in that direction. I personally have been using free broadcast television only since 2009 and I am completely satisfied with it. Twilight Zone comes on ever night on channel 6-2 at 10PM and the main broadcast channels, i. e.; 4-1, 6-1, 8-1, 12-1, 26-1, 38-1, and 54-1 all broadcast in High Def and these are free, advertiser supported channels.

    My antenna is located in the attic of my home. Most houses in Eden Isles have those large open attics and there is enough signal in Eden Isles so that this will work fine here but you have to use a special amplified antenna. Do not look for this type of antenna at Radio Shack or Home Depot, they will not know what you are talking about. They do not have the amplified kind that you need. To get the correct antenna that you need, you must order it from Ebay. You have to put in three search words: ( amplified tv antenna ). This will pull up the kind of antenna that you need. Usually they only cost about $35 including shipping. (See the picture)  This is the only kind of antenna that will work here in Eden Isles. The other kind that is un-amplified will continually drop out and become very annoying.

    Our government offered us coupons back in 2009 to buy the Digital TV adapter boxes and these work good and are still available if you have the older style of televisions in your house. From the back of the adapter box there are stereo RCA type connectors to get surround sound to go with the excellent picture but to get the beautiful 1080 pixel over-air high definition video you will need a modern TV.

     There is a free online TV guide at tvlistings.aol.com  To use this you put in 70458 for the zip code and then put "Over the Air, NorthShore" and this will show you what is available. There is so much free TV that I seem to get all that I want. I understand now why it was that we needed to go this new method. Most of us were angry that this was forced on us but now I understand that it was for our own betterment. The problem now is that many people do not understand that there is free quality television because we all abandoned antennas years ago because of poor performance.

... Bill Northup,
    Eden Isles Resident

posted via forum administrator
#26
(Click Here) to return to Topics / Re: Bulkheads
Last post by Administrator - December 11, 2021, 11:48:56 PM
Bulkhead Failure & Maintenance:

Bulkheads normally fail due to maintenance issues and the force of nature.

Tidal changes that occur every day cause immense weight changes against the bulkheads far greater than boat wakes not to mention the tremendous flow of water that accompanies the running of the tide.

Also a big effect is the difference in soil moisture and the accompanying weight change caused by rain in the yards.   Dry soil weighs less than wet soil.   This is also constantly changing due to the tide levels.  Having a backyard pool or higher lot elevation also exhibits additional force on the bulkheads.  Ever wonder why the bulkheads fail outward? This is because the yard is pushing more than the water.

And then there is the fact that the metal tie backs holding the bulkheads in place are simply rusting through.   Nothing is going to save the bulkhead at this point.   This has been aggravated by the salt water brought into the sub soil of our yards from Katrina and other high water events.  The closer you are to the lake the more salt you will be exposed to.  Costal Florida residents and municipalities have vastly increased maintenance and failure problems related to salt water.  If you immediately put in new tie back rods or drive pilings at the first sign of failure you might be able to save it.  Eventually every bulkhead will require maintenance.

All of the above naturally occurring forces of nature vastly outweigh any effect of typical boat wakes we see here in Eden Isles relative to bulkhead failure.

Wakes should be minimal to prevent damage and unreasonable motion to moored boats.  Wakes develop relative to a vessel's theoretical hull speed.  This is generally accepted as 1.34 times the square root of the water line length of the boats hull.  Speed must be kept significantly below this for minimum wake.  Hull shape also plays a part in making wakes.  Because of the physics relating to theoretical hull speed small boats like wave runners will generate wakes at a slower speed than a large boat traveling at a faster speed.

One should also observe wakes with reason.  For instance when windy there is a ripple on the water and many so called wakes just blend in with that whereas the same boat at the same speed could be called out by the same person on a dead calm day for making a ripple on the water which may be confused as a wake - I've see it happen.  Real wakes are those forces exhibited by a passing boat that cause moored boats to unreasonably tug on their lines.

Wakes should be kept to a minimum.  After looking at some of the pictures of passing boats that have been posted on "Nextdoor" I am only providing real info to keep people from getting into legal battles that after much expense they will loose.  Quite frankly I have seen the Coast Guard, Wildlife Enforcement and St. Tammany water patrol boats make wakes bigger than some of those pictures. 
#27
(Click Here) to return to Topics / Bulkheads
Last post by Administrator - December 11, 2021, 11:30:42 PM
? Can I erect a partition on the property line into the water to keep the bow of the boat next door from protruding under the back of my boathouse?
...

You technically own the water bottoms out to 1/2 way across the canal.  However, you cannot build a deck past 12' or 10' into the canal depending on what source you go by.  No structures other than fencing / decking is allowed in the 5' offset from the property line.  You must retain clear access to the required 5' side yard - no sheds etc.   

There are cases where you need to create that partition.  One would be the situation where you have a pool and it is possible to walk from a neighbors dock to yours.  The law requires yards with pools to be fenced so you would have to either build a fence to secure your yard or fence off the pool itself.

I am not the authority but the parish may have some input.  If it were me I would probably build the fence you want but not out more than 10'.

Please zoom in with the Assessors GIS site to get an idea of your property lines before building then back off a few inches just to be safe.  See https://atlas.geoportalmaps.com/st_tammany
#28
(Click Here) to return to Topics / Re: Security
Last post by Administrator - December 11, 2021, 11:24:07 PM
An excellent publication on neighborhood security is available here:

http://www.northwoodhills.org/wp-content/uploads/2018/05/Guidebook.pdf

Of course preventing unwarranted exposure is the first step.
#29
(Click Here) to return to Topics / Security
Last post by Administrator - December 11, 2021, 11:21:00 PM
November 28, 2016

EDEN ISLES HOMEOWNERS & HOA Boards

SUBJECT:  COMMON SENSE SECURITY

Dear Ladies & Gentlemen:

As a resident of Eden Isles I feel the duty to give my feedback regarding security issues.

While I have no objection to garage sales "Neighbor to Neighbor" within Eden Isles I have real concerns with advertising garage sales or other neighborhood events outside of our immediate area.   

Eden Isles, Moonraker & Clipper Estates were created and zoned for single family private homes.   Encouraging non residents to visit our neighborhood without regard violates our right to privacy and exposes us to significant security risks.  Many who use a realtor in marketing one's home also do so in the name of security.

For security reasons many fine neighborhoods have gates to deter outsiders.  Less secure neighborhoods have lower property values and higher crime.  Since our streets were dedicated to the parish, Eden Isles cannot install gates.     

It is important that those not familiar with the metro area realize we are only 15 minutes from one of the most dangerous and crime ridden cities in the country.

Security and opening up the neighborhood to unknown visitors "in mass" simply do not go together.  When you are not expecting it or when evacuating for storms some of those "visitors" will be coming for our things simply because they have already been exposed to what we have.

I would encourage homeowners to demand that people running for HOA boards commit to keeping our homes private, recognize known security risks, and in general commit to the expectations of safety, security & preserving the integrity of our neighborhood.
#30
(Click Here) to return to Topics / Dec. 2021 Forum Repair & Recon...
Last post by Administrator - December 11, 2021, 08:59:25 PM
As most of you know software crashes sometimes.  That happened to this Forum in December of 2021.  The forum was created way back in 2010.

The Forum is run on one of GoDaddy's internet servers and they "upgraded" their servers. This required a complete reconstruction of the Forum.  Unfortunately, all of the users and a lot of historical posts were "lost".

I tried to manually copy the most important stuff from the old system to this one.

All is working as designed at this point and you may sign in, read and post existing and new topics at will.

This forum is an unpaid public service with no advertising and no selling of any user's info.
Thanks for your understanding.