Large homes in Sedona are far from uncommon. But one home in the Chapel area has received a lot of discussion as of late.
Work has started on a 6,587-square-foot home at 49 Eagle Lane that’s anticipated to have eight bedrooms and 10 bathrooms.
Again, not completely uncommon for an area like Sedona. But what has caught the attention of some is that the house is reportedly being built intentionally as a vacation rental. But under Senate Bill 1350, which went into effect two-and-a-half years ago, that’s perfectly legal.
“There is nothing in the International Residential Code or the Land Development Code that would prohibit someone from building a home of this size as long as the lot coverage, setbacks, parking, etc, were met and they are in this case,” Assistant City Manager and Community Development Director Karen Osburn said.
“We know the intention is to use this as a short-term rental. Unfortunately that is perfectly legal as of the passage of SB 1350, and we can’t treat this any differently than any other residential application that meets all of our codes, even though its use will be as an AirBnb.”
The owner is listed as Passion, LLC, out of Edmond, Okla. Emails to the contact person listed on the building application seeking comment on the project were not returned.
“The city would love to treat this as it is: A mini-hotel,” Osburn said. “But the state has tied our hands and tells us it is a single-family home and as a single-family home the owners are allowed, by state law, to rent it nightly as they see fit.
“The state has been explicit that the city cannot try to even regulate this activity let alone prohibit it. If our community wants to see this changed, residents really need to go to their state representatives and the governor’s office.”
There has also been discussion that the owner may be planning to build additional homes of the same size on other properties along Eagle Lane. To that, Osburn said, “While he owns two more adjacent lots, we have not yet seen any additional building permit applications.”
This specific house was brought up during a public meeting with Arizona Rep. Bob Thorpe [R-District 6] about short-term vacation rentals on July 24. While he wasn’t familiar with that specific project, Thorpe did weigh in on the issue of building homes specifically to serve as vacation rentals.
“The city needs to make sure the zoning is applicable to what the building is going to be used for,” he said. “If the city wants to provide a permit to something like that, but they’re going to be using it as a mini-hotel, then they need to meet all the requirements of a commercial structure.”
However, under Senate Bill 1350, which Thorpe voted for in 2016, the city of Sedona cannot regulate a residential home planned as a vacation rental as a commercial structure.
