The investigation into a New Year’s Eve day house fire continues as evidence gathered on the scene is being tested in Phoenix.
Sgt. Michael Dominguez, of the Sedona Police Department, confirmed that the address of the fire is 49 Eagle Lane in the Chapel area. This is the address of a proposed 6,587-square-foot, eight-bedroom, 10- bath home being built as a short-term vacation rental.
Dominguez said a K-9 team specializing in arson was brought up from Phoenix. Possible accelerants were detected and gathered but results could take 30 to 45 days.
“From our standpoint, we’re kind of in a wait-and-see mode,” he said. “But during this time we will continue to gather evidence and interview potential witnesses.”
Crews from the Sedona Fire District responded to a fire at around 4:30 p.m. on Tuesday, Dec. 31.
“When our crews arrived it was fully engulfed,” SFD Fire Chief Jon Trautwein said late last week. “The house was in the framing stage of construction, so it burned hot and fast. There were no injuries to civilians or firefighters.”
In addition to the K-9 team, SFD requested the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On Nov. 25, SPD was called to 49 Eagle Lane for a report of two generators being damaged with sugar and mud. Dominguez confirmed that after that incident, the owner of the property, listed as Passion LLC, out of Edmond, Okla., installed security cameras.
He said video from the cameras will be viewed to help determine if this was arson or simply an accident. He said there were plumbing crews at that location on the day of the fire.
While homes of this size are not uncommon in Sedona, what is uncommon is the fact that the house at 49 Eagle Lane was being built specifically as a short-term vacation rental. Because of that, it’s received far more attention than any other home under construction in the area. And because state law prohibits the city from regulating vacation rentals, it’s perfectly legal.
“There is nothing in the International Residential Code or the Land De-velopment 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 in July.
She went on to say, “The city would love to treat this as it is: A mini-hotel. 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.”
This specific house was brought up at more than one Yavapai County meeting as well as during a public meeting with Arizona Rep. Bob Thorpe [R-District 6] about short-term vacation rentals on July 24 of last year. While he wasn’t familiar with this 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.”
