May 30, 2024

In response to Francena Chalfant’s request for a zoning variance for the Airbnb she’s been operating illegally for seven years, I offer the following thoughts.

1) According to Pennsylvania’s Municipal Planning Code, a zoning variance cannot be granted unless the resident proves a “unique hardship” that is directly tied to the physical circumstances or conditions of the property (e.g., size, shape, location, topography, etc.) and cannot be justified by economic burden or financial loss.

Ms. Chalfant’s testimony spoke of her need for additional income because she lives alone and the house has needed a lot of repairs. While I feel for her circumstances, there is certainly nothing unique about wanting more money for home improvements. It does not meet the legal standard for hardship.

2) Chadds Ford Township’s residential zoning code already has a provision in place for using a historical home as a bed and breakfast. It would make far more sense for Ms. Chalfant to pursue this option rather than asking the Zoning Hearing Board to disregard the cautions of the township’s Planning Commission — which recommends against creating a provision for Airbnbs in township code — and the valid concerns of the citizenry.

3) Granting this variance would establish a dangerous precedent in the township. Ms. Chalfant stated in her testimony that her Airbnb business has quadrupled over the years. Clearly, there is demand. As more and more Airbnbs pop up in our township to meet this demand, the character of the community will begin to erode.

The state Supreme Court ruled on a similar case only a few years ago. In its decision, the Court wrote:

“Short-term tenants have little interest in public agencies or the welfare of the citizenry. They do not participate in local government, coach little league, or join the hospital guild. They do not lead a Scout troop, volunteer at the library, or keep an eye on an elderly neighbor. Literally, they are here today and gone tomorrow–without engaging in the sort of activities that weld and strengthen a community.”

Moreover, there is well-documented evidence of the negative effects of proliferative Airbnbs on communities. A 2021 study investigating crime and Airbnbs concluded, “We find evidence that increases in Airbnb listings led to more violence in neighborhoods in later years. This result supports the notion that the prevalence of Airbnb listings erodes the natural ability of a neighborhood to prevent crime.”

Another 2021 study linked the growth of Airbnbs to increases in 911 calls. “When you think about Airbnbs, which are literally the most transient population you can imagine, it’s people moving in and out every few days. That household itself is just a nonplayer in the social fabric of the neighborhood, and you’ve essentially created a hole there.”

4) Short-term rentals reduce neighboring property values. In all likelihood, real estate agents will soon be required to disclose to a seller or long-term renter the existence of a nearby STR. In fact, the California Association of Realtors may soon ask its Forms Committee to add a question to the Seller’s Property Questionnaire: “Is your home across from or next door to a short-term rental?” the same way they’d ask if there was any evidence of flooding or termites.

Moreover, operating an Airbnb voids Ms. Chalfant’s homeowners’ insurance, and no insurer will issue a rider that allows for short-term rentals. That means, should the property at 126 Ridge Rd. burn to the ground, it will sit there like a charred reminder of her poor judgment and further reduce property values.

5) Finally, if this variance is granted, it will exist in perpetuity long after Ms. Chalfant has gone. What if the next owners want to further expand the business to host weddings on the property? Maybe they’ll cater to students who want to spend spring break tubing down the Brandywine and having a boisterous, alcohol-soaked vacation in the backyard of 126 Ridge Road.

If the Zoning Hearing Board grants this variance, they tether our township to a short-sited decision that flies in the face of legal standards, expert recommendations, and fact-based evidence of the detrimental impact of Airbnbs on communities like ours.

Kirsten Werner
Chadds Ford Township