City of Bellingham Hearing Examiner

The City of Bellingham Hearing Examiner conducted a contentious 3-hour public hearing on a variance request that has become a flashpoint in debates over short-term rentals, housing policy, and neighborhood character. Patrick and Catherine Sutton are seeking permission to operate their detached accessory dwelling unit (DADU) at 1017 Liberty Street as a short-term rental, which is currently prohibited by city ordinance in residential single-family zones. The case centers on Bellingham Municipal Code 2010.037.B.5.C, which explicitly prohibits short-term rentals in detached ADUs within residential single general use areas like the historic Seahome neighborhood. The Suttons built their 624-square-foot DADU in 2022-2023, after the prohibition was enacted in 2018 and strengthened in 2021. City staff recommended denial, arguing the applicants fail to meet any of the three required variance criteria. The hearing revealed deep neighborhood divisions and raised fundamental questions about property rights versus community planning goals. Seven residents testified against the variance, with concerns ranging from precedent-setting implications to parking and neighborhood character. Only one person testified in support. Public comments revealed suspicion about the applicant's motives, with neighbors noting that Patrick Sutton is a real estate attorney who specializes in short-term rental litigation and has a website advertising this expertise. The city's argument rested on three pillars: the special circumstances are of the applicant's own making (they chose to build a detached rather than attached ADU), granting the variance would undermine the city's housing preservation goals, and the property can be reasonably used under existing regulations for long-term rentals of 30+ days. The applicants countered that bedrock conditions made a basement infeasible, neighborhood character dictated their building choices, and that short-term rentals are "generally permitted" uses that should be allowed through variance. Hearing Examiner Rajiv Majumdar indicated he will issue a written decision after reviewing all evidence and testimony. The case has broader implications for how Bellingham balances individual property rights with community-wide housing policy, particularly as the city grapples with a 2.25% rental vacancy rate well below the 4% threshold that would trigger reconsideration of the DADU short-term rental prohibition.

No formal votes were taken, as this was a quasi-judicial hearing where the Hearing Examiner will issue a written decision at a later date. The matter before the Examiner was: **Variance Application 2024-001** - Patrick and Catherine Sutton seeking variance from BMC 2010.037.B.5.C to allow short-term rental use of detached ADU at 1017 Liberty Street - **Staff Recommendation:** Denial (does not meet variance criteria) - **Applicant Position:** Approval (meets all three variance criteria) - **Public Comment:** 7 speakers against, 1 speaker in support - **Decision:** Pending written order from Hearing Examiner The hearing focused on three variance criteria that must all be satisfied: 1. Special circumstances not resulting from owner's actions 2. Granting variance would not be unduly detrimental to public welfare 3. Subject property cannot be reasonably used under regulations as written **Jurisdictional Issue:** The city argued the Hearing Examiner lacks authority to grant use variances for specifically prohibited uses, but will proceed to evaluate variance criteria if that legal argument is rejected.

**Hearing Examiner Rajiv Majumdar, on the role of intent:** "It's actually irrelevant to me, when any individual applicant comes forward to exert what property rights they may, under the code. As long as it meets the code. As long as that intent is permitted by the code." **Patrick Sutton, on housing supply:** "The housing supply is dictated by the housing supply. And as we know, there is a housing emergency because we don't have enough houses. And we built a house." **Patrick Sutton, on his family's housing situation:** "It is, in fact, a 2 bedroom house that is not big enough for my family. The city has made a judicial admission in this case that we owner occupy the ADU as an extension of our main home." **Anne Furman, reading from Sutton's website:** "I handle real estate, HOA, and property rights disputes at the trial and appellate levels in Texas and Washington State. I spearhead short-term rental litigation." **Karen Burroughs, on community investment:** "It took an investment of 6 public meetings...from a community that cares. And my request is that you honor the comments that our community submitted because we care and we want to hold the line." **Sherry Russell, on rental costs:** "Your website says that your short-term rental is $100 a night. At 30 days, that's $3,000 a month. People can't afford that. When a long-term rental would be something in the lines of 1,600 or for his size, $1,200 to $2,000 a month." **Deputy City Attorney James Erb, on variance authority:** "You, as the hearing examiner, cannot grant the variance that would frustrate the clearly expressed intent of the city council unless the applicant meet the criteria in the code, which in this case the city submits he cannot do." **Adrienne Wang, on legal process:** "If he wants to change the law, he can become a lawmaker. He can go actually, there are ways to change laws. And what he's doing is asking for a specialized variance that is something that is completely of his own making."

# Real Briefings — Supplemental Content --- ## MODULE S1: STUDY GUIDE ### Meeting Overview Hearing Examiner Rajiv Majumdar presided over a variance hearing for Patrick and Catherine Sutton, who sought permission to use their detached accessory dwelling unit (DADU) at 1017 Liberty Street as a short-term rental. The city's Planning and Community Development Department recommended denial of the variance. ### Key Terms and Concepts **Variance:** A legal deviation from standard zoning rules that can be granted when specific criteria are met, including special circumstances not caused by the owner's actions, no undue detriment to public welfare, and inability to reasonably use the property under existing regulations. **Detached Accessory Dwelling Unit (DADU):** A separate housing structure on the same property as a primary residence, limited to specific uses under Bellingham's zoning code. **Short-term Rental:** Under Bellingham Municipal Code 2010.037, any rental for fewer than 30 consecutive days. These are generally permitted in residential zones but prohibited in detached ADUs in residential single zones. **Primary Residence:** A dwelling where the owner or long-term tenant lives for at least 270 days per year. Short-term rentals are limited to 95 days annually in primary residences. **Residential Single Zone:** A zoning designation that allows single-family homes and attached ADUs for short-term rental, but prohibits detached ADUs from short-term rental use. **BMC 2018.010:** The Bellingham Municipal Code section governing variance procedures and criteria. **Seahome Neighborhood:** A historic residential area in Bellingham with many century-old homes, where the subject property is located. **Hearing Examiner:** An independent official who reviews land use decisions and applications, serving as a quasi-judicial body for the city. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Rajiv Majumdar | Hearing Examiner Pro Tem | | Patrick Sutton | Applicant and attorney representing himself and wife Catherine | | Emmy Scherer | Planner II, Planning and Community Development Department | | Kurt Nabfeld | Development Services Manager, Planning and Community Development | | James Erb | Deputy City Attorney | | Adrienne Wang | Neighbor and public commenter | | Lakita Bach | Longtime neighborhood resident and realtor | | Anne Christine Furman | Mason Street resident | | Kevin Garrity | Bellingham resident and realtor, supporting applicant | | Carrie Ann Spike | Key and Maple Street resident | | Karen Burroughs | 24-year neighborhood resident | | Sherry Russell | Liberty Street resident | | Christy Bowker | Hearing Examiner Clerk | ### Background Context This case centers on a fundamental conflict between property rights and housing policy. In 2018 and 2021, Bellingham's City Council passed ordinances allowing detached ADUs in residential neighborhoods to increase housing options, while simultaneously restricting short-term rentals in these same structures to preserve long-term housing stock. The Suttons built their DADU after these restrictions were in place, then applied for a variance to use it for short-term rentals. The broader context involves Bellingham's housing crisis, with a vacancy rate of only 2.25% (the code includes a provision to reconsider DADU short-term rental restrictions if vacancy reaches 4%). The neighborhood is part of the Seahome National Historic District, featuring century-old homes, though this designation carries no regulatory weight in Bellingham. Public sentiment strongly opposed the variance, with 69 comments submitted and most speakers at the hearing expressing concerns about precedent-setting and neighborhood character. ### What Happened — The Short Version The Suttons asked for permission to rent out their detached backyard cottage for short-term stays (less than 30 days), which city law currently prohibits. They argued they faced special circumstances including bedrock that prevented a basement (which could be rented short-term) and neighborhood character that required building a smaller main house and separate back structure. The city's planning staff recommended denial, arguing the Suttons chose to build a detached ADU knowing the rules, had reasonable use of their property for 30-day-or-longer rentals, and that granting the variance would harm community goals of preserving long-term housing. Public commenters overwhelmingly opposed the request, citing concerns about neighborhood character, precedent-setting, and housing affordability. Key debates included whether short-term rentals actually reduce long-term housing availability, the meaning of "reasonable use" of property, and whether the variance criteria were met. The hearing examiner must now decide whether the Suttons demonstrated special circumstances beyond their control, no harm to public welfare, and inability to reasonably use their property under current rules. ### What to Watch Next • The hearing examiner's written decision, expected within weeks, will either grant or deny the variance • If denied, the Suttons may appeal to superior court • The decision could influence future DADU short-term rental variance applications citywide • Watch for Bellingham's vacancy rate - if it reaches 4%, the City Council must reconsider the DADU restrictions --- ## MODULE S2: FLASH CARDS **Q:** What three criteria must be met to grant a variance in Bellingham? **A:** Special circumstances not caused by owner's actions, granting the variance won't be unduly detrimental to public welfare, and the property cannot be reasonably used under existing regulations. **Q:** What is Bellingham's current housing vacancy rate? **A:** 2.25%, which is below the 4% threshold that would trigger City Council reconsideration of DADU short-term rental restrictions. **Q:** How many days per year can a primary residence be used for short-term rentals? **A:** Up to 95 days per year, provided the owner or long-term tenant lives there at least 270 days per year. **Q:** What was the Suttons' main argument about bedrock on their property? **A:** They claimed bedrock 4 feet down made building a basement economically infeasible, preventing them from having rentable basement space like neighboring century-old homes. **Q:** Who is Patrick Sutton professionally? **A:** An attorney who specializes in real estate litigation and short-term rental cases in Texas and Washington, according to testimony about his website. **Q:** What is the size of the Suttons' main house and DADU? **A:** The main house is 2,100 square feet with 2 bedrooms, and the detached ADU is 624 square feet with 1 bedroom. **Q:** When did the Suttons purchase their property versus when the restrictions were enacted? **A:** They bought the property in 2017, construction was completed in 2023, and the DADU short-term rental restrictions were enacted in 2018/2021. **Q:** What was the city's main argument for denial? **A:** The Suttons chose to build a detached ADU knowing the rules, can reasonably use the property for 30+ day rentals, and granting the variance would remove potential long-term housing from the market. **Q:** How many public comments were received on this application? **A:** 69 public comments total, with the vast majority opposing the variance request. **Q:** What happens if someone rents the DADU for exactly 30 days? **A:** This would be considered a long-term rental under city code and would be permitted without needing a variance. **Q:** What is the difference between attached and detached ADUs regarding short-term rentals? **A:** Attached ADUs can be used for short-term rentals if they're part of the owner's primary residence, but detached ADUs cannot be used for short-term rentals in residential single zones. **Q:** What was unique about this hearing examiner proceeding? **A:** Unlike most hearings where the department and applicant often agree, this case featured opposing positions with the city recommending denial and the applicant seeking approval. **Q:** What did the city argue about housing supply? **A:** That allowing DADU short-term rentals removes potential long-term rental properties from the market during a housing emergency. **Q:** What was the Suttons' counterargument about housing supply? **A:** They argued they're providing housing choice, currently rent for 30 days (long-term by city definition), and could rent short-term for 95 days while still providing 270 days of long-term rental annually. **Q:** What did neighbors testify about basements in the area? **A:** Multiple residents stated that most nearby houses either don't have basements or have basements with ceilings too low for legal rental, contradicting the Suttons' claim about being uniquely disadvantaged. **Q:** What is the current use of the Suttons' DADU? **A:** It's being used as an extension of the main home for the family of five and is also rented out for 30-day periods. **Q:** What precedent concerns did neighbors raise? **A:** They worried that approving this variance would create a "paved path" for other DADU owners to seek similar variances, effectively undermining the city's policy. **Q:** What was the hearing examiner's position on the applicant's occupation and intent? **A:** He ruled that the applicant's occupation as a short-term rental attorney and any intent to challenge laws are irrelevant to the legal criteria for granting a variance. --- ## MODULE S3: QUIZ WITH ANSWER KEY **Question 1: What is the current Bellingham housing vacancy rate mentioned in the hearing?** - A) 4% - B) 2.25% - C) 95% - D) 270% **Question 2: When did the Suttons complete construction of their property?** - A) 2017 - B) 2021 - C) 2022 - D) 2023 **Question 3: What is the maximum number of days per year a primary residence can be used for short-term rentals?** - A) 30 days - B) 95 days - C) 270 days - D) 365 days **Question 4: What was the Planning Department's recommendation on the variance?** - A) Approval - B) Denial - C) Conditional approval - D) Defer for more study **Question 5: What did the Suttons claim prevented them from building a basement?** - A) City regulations - B) Neighbor objections - C) Bedrock 4 feet underground - D) Wetland restrictions **Question 6: How many public comments were received on this application?** - A) 3 - B) 17 - C) 50 - D) 69 **Question 7: What triggers City Council reconsideration of DADU short-term rental restrictions?** - A) Superior court order - B) Housing vacancy rate reaching 4% - C) Petition with 1000 signatures - D) Annual policy review **Question 8: What is the size of the Suttons' detached ADU?** - A) 624 square feet - B) 2,100 square feet - C) 800 square feet - D) 1,900 square feet **Question 9: Who served as hearing examiner for this case?** - A) Emmy Scherer - B) James Erb - C) Rajiv Majumdar - D) Kurt Nabfeld **Question 10: What defines a "long-term rental" under Bellingham's code?** - A) 95 days or more - B) 30 days or more - C) 270 days or more - D) 6 months or more **Answer Key:** **1. B — The hearing examiner and city staff confirmed Bellingham's current housing vacancy rate is 2.25%, well below the 4% threshold that would trigger reconsideration of DADU restrictions.** **2. D — Multiple witnesses confirmed construction was completed in 2023, with the building permits issued in 2022, several years after the DADU short-term rental restrictions were enacted.** **3. B — The code allows primary residences to be rented short-term for up to 95 days per year, provided the owner lives there at least 270 days annually.** **4. B — Emmy Scherer clearly stated the Planning and Community Development Department's recommendation was denial of the variance application.** **5. C — Patrick Sutton testified that a geologist's report showed bedrock approximately 4 feet underground, making a basement economically infeasible under modern building codes.** **6. D — City staff reported receiving 69 public comments total between all the notices issued for this application, with the vast majority opposing the variance.** **7. B — The municipal code specifically states that if citywide housing vacancy reaches 4% or higher, the city council must review whether short-term rentals should be allowed in DADUs.** **8. A — The planning staff confirmed the detached ADU is 624 square feet with one bedroom, compared to the 2,100 square foot main house.** **9. C — Rajiv Majumdar identified himself as sitting as hearing examiner pro tem for the City of Bellingham at the beginning of the hearing.** **10. B — City staff confirmed that rentals of 30 days or more consecutive days are considered long-term rentals under the municipal code.** --- ## MODULE S4: Q&A — COMMON QUESTIONS **Q: Why can't the Suttons just use their DADU for short-term rentals like other property owners?** A: Bellingham's municipal code specifically prohibits short-term rentals in detached accessory dwelling units within residential single zones. While property owners can use their main houses or attached ADUs for short-term rentals (with restrictions), detached ADUs are treated differently to preserve long-term housing options. The Suttons can rent their DADU for 30 days or longer without restriction. **Q: What makes this case different from a typical variance request?** A: Most variance requests involve physical constraints like setbacks or lot coverage. This case asks for a use variance - permission to use property for a purpose specifically prohibited by law. The city argues hearing examiners don't have authority to grant use variances, only area variances. Additionally, the department and applicant are on opposing sides, which is unusual. **Q: Did the Suttons know about the restrictions when they built?** A: Yes. The Suttons purchased the property in 2017, and the DADU short-term rental restrictions were enacted in 2018/2021. Construction was completed in 2023. However, Patrick Sutton argued that knowing about restrictions doesn't prevent someone from later seeking a variance, and that property buyers always know existing ordinances. **Q: How does this affect the broader housing crisis?** A: The city argues that allowing DADU short-term rentals reduces long-term housing availability during a housing emergency. The Suttons counter that they provide housing choice and could offer both short-term (95 days) and long-term (270 days) rentals annually. Neighbors worry about precedent that could remove more long-term housing from the market. **Q: What happens next in this process?** A: Hearing Examiner Majumdar will issue a written decision within weeks. If he denies the variance, the Suttons can appeal to superior court. If he grants it, the city or neighbors could potentially appeal. The decision will likely influence future similar applications and could prompt the City Council to clarify policies. **Q: Why was there so much public opposition?** A: Neighbors submitted 69 comments, mostly opposing the variance. Their concerns included setting precedent for other DADU variance requests, changing neighborhood character, reducing long-term housing availability, parking and traffic impacts, and the applicant's profession as a short-term rental attorney suggesting a broader agenda. **Q: What role does the applicant's profession play in the decision?** A: Legally, none. Hearing Examiner Majumdar explicitly ruled that the applicant's occupation and intent are irrelevant to the variance criteria. However, neighbors testified about concerns that this was a test case to challenge city policy rather than a property-specific need. **Q: Could this decision affect other neighborhoods?** A: Yes. While hearing examiner decisions aren't formally precedential, they influence how staff and future applicants approach similar cases. A grant could encourage other DADU variance applications citywide. A denial would reinforce the current policy distinction between attached and detached ADUs. **Q: What's the significance of the 4% vacancy rate threshold?** A: The municipal code requires City Council to reconsider DADU short-term rental restrictions if housing vacancy reaches 4%. At 2.25% currently, Bellingham is well below this threshold, supporting the city's argument about housing scarcity. This provision shows the Council intended the restrictions to be responsive to market conditions. **Q: How do the variance criteria apply to this specific case?** A: The Suttons must prove special circumstances beyond their control, no detriment to public welfare, and inability to reasonably use their property. They argue bedrock and neighborhood character created special circumstances. The city counters they chose to build detached, can reasonably rent for 30+ days, and approval would harm housing goals. The hearing examiner must weigh these competing interpretations.

## MODULE S1: STUDY GUIDE **Meeting ID:** BEL-HEX-2025-03-26 ### Meeting Overview Hearing Examiner Rajiv Majumdar presided over a variance hearing for Patrick and Catherine Sutton, who sought permission to use their detached accessory dwelling unit (DADU) at 1017 Liberty Street as a short-term rental. The city's Planning and Community Development Department recommended denial of the variance. ### Key Terms and Concepts **Variance:** A legal deviation from standard zoning rules that can be granted when specific criteria are met, including special circumstances not caused by the owner's actions, no undue detriment to public welfare, and inability to reasonably use the property under existing regulations. **Detached Accessory Dwelling Unit (DADU):** A separate housing structure on the same property as a primary residence, limited to specific uses under Bellingham's zoning code. **Short-term Rental:** Under Bellingham Municipal Code 2010.037, any rental for fewer than 30 consecutive days. These are generally permitted in residential zones but prohibited in detached ADUs in residential single zones. **Primary Residence:** A dwelling where the owner or long-term tenant lives for at least 270 days per year. Short-term rentals are limited to 95 days annually in primary residences. **Residential Single Zone:** A zoning designation that allows single-family homes and attached ADUs for short-term rental, but prohibits detached ADUs from short-term rental use. **BMC 2018.010:** The Bellingham Municipal Code section governing variance procedures and criteria. **Seahome Neighborhood:** A historic residential area in Bellingham with many century-old homes, where the subject property is located. **Hearing Examiner:** An independent official who reviews land use decisions and applications, serving as a quasi-judicial body for the city. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Rajiv Majumdar | Hearing Examiner Pro Tem | | Patrick Sutton | Applicant and attorney representing himself and wife Catherine | | Emmy Scherer | Planner II, Planning and Community Development Department | | Kurt Nabfeld | Development Services Manager, Planning and Community Development | | James Erb | Deputy City Attorney | | Adrienne Wang | Neighbor and public commenter | | Lakita Bach | Longtime neighborhood resident and realtor | | Anne Christine Furman | Mason Street resident | | Kevin Garrity | Bellingham resident and realtor, supporting applicant | | Carrie Ann Spike | Key and Maple Street resident | | Karen Burroughs | 24-year neighborhood resident | | Sherry Russell | Liberty Street resident | | Christy Bowker | Hearing Examiner Clerk | ### Background Context This case centers on a fundamental conflict between property rights and housing policy. In 2018 and 2021, Bellingham's City Council passed ordinances allowing detached ADUs in residential neighborhoods to increase housing options, while simultaneously restricting short-term rentals in these same structures to preserve long-term housing stock. The Suttons built their DADU after these restrictions were in place, then applied for a variance to use it for short-term rentals. The broader context involves Bellingham's housing crisis, with a vacancy rate of only 2.25% (the code includes a provision to reconsider DADU short-term rental restrictions if vacancy reaches 4%). The neighborhood is part of the Seahome National Historic District, featuring century-old homes, though this designation carries no regulatory weight in Bellingham. Public sentiment strongly opposed the variance, with 69 comments submitted and most speakers at the hearing expressing concerns about precedent-setting and neighborhood character. ### What Happened — The Short Version The Suttons asked for permission to rent out their detached backyard cottage for short-term stays (less than 30 days), which city law currently prohibits. They argued they faced special circumstances including bedrock that prevented a basement (which could be rented short-term) and neighborhood character that required building a smaller main house and separate back structure. The city's planning staff recommended denial, arguing the Suttons chose to build a detached ADU knowing the rules, had reasonable use of their property for 30-day-or-longer rentals, and that granting the variance would harm community goals of preserving long-term housing. Public commenters overwhelmingly opposed the request, citing concerns about neighborhood character, precedent-setting, and housing affordability. Key debates included whether short-term rentals actually reduce long-term housing availability, the meaning of "reasonable use" of property, and whether the variance criteria were met. The hearing examiner must now decide whether the Suttons demonstrated special circumstances beyond their control, no harm to public welfare, and inability to reasonably use their property under current rules. ### What to Watch Next • The hearing examiner's written decision, expected within weeks, will either grant or deny the variance • If denied, the Suttons may appeal to superior court • The decision could influence future DADU short-term rental variance applications citywide • Watch for Bellingham's vacancy rate - if it reaches 4%, the City Council must reconsider the DADU restrictions ---

## MODULE S2: FLASH CARDS **Meeting ID:** BEL-HEX-2025-03-26 **Q:** What three criteria must be met to grant a variance in Bellingham? **A:** Special circumstances not caused by owner's actions, granting the variance won't be unduly detrimental to public welfare, and the property cannot be reasonably used under existing regulations. **Q:** What is Bellingham's current housing vacancy rate? **A:** 2.25%, which is below the 4% threshold that would trigger City Council reconsideration of DADU short-term rental restrictions. **Q:** How many days per year can a primary residence be used for short-term rentals? **A:** Up to 95 days per year, provided the owner or long-term tenant lives there at least 270 days per year. **Q:** What was the Suttons' main argument about bedrock on their property? **A:** They claimed bedrock 4 feet down made building a basement economically infeasible, preventing them from having rentable basement space like neighboring century-old homes. **Q:** Who is Patrick Sutton professionally? **A:** An attorney who specializes in real estate litigation and short-term rental cases in Texas and Washington, according to testimony about his website. **Q:** What is the size of the Suttons' main house and DADU? **A:** The main house is 2,100 square feet with 2 bedrooms, and the detached ADU is 624 square feet with 1 bedroom. **Q:** When did the Suttons purchase their property versus when the restrictions were enacted? **A:** They bought the property in 2017, construction was completed in 2023, and the DADU short-term rental restrictions were enacted in 2018/2021. **Q:** What was the city's main argument for denial? **A:** The Suttons chose to build a detached ADU knowing the rules, can reasonably use the property for 30+ day rentals, and granting the variance would remove potential long-term housing from the market. **Q:** How many public comments were received on this application? **A:** 69 public comments total, with the vast majority opposing the variance request. **Q:** What happens if someone rents the DADU for exactly 30 days? **A:** This would be considered a long-term rental under city code and would be permitted without needing a variance. **Q:** What is the difference between attached and detached ADUs regarding short-term rentals? **A:** Attached ADUs can be used for short-term rentals if they're part of the owner's primary residence, but detached ADUs cannot be used for short-term rentals in residential single zones. **Q:** What was unique about this hearing examiner proceeding? **A:** Unlike most hearings where the department and applicant often agree, this case featured opposing positions with the city recommending denial and the applicant seeking approval. **Q:** What did the city argue about housing supply? **A:** That allowing DADU short-term rentals removes potential long-term rental properties from the market during a housing emergency. **Q:** What was the Suttons' counterargument about housing supply? **A:** They argued they're providing housing choice, currently rent for 30 days (long-term by city definition), and could rent short-term for 95 days while still providing 270 days of long-term rental annually. **Q:** What did neighbors testify about basements in the area? **A:** Multiple residents stated that most nearby houses either don't have basements or have basements with ceilings too low for legal rental, contradicting the Suttons' claim about being uniquely disadvantaged. **Q:** What is the current use of the Suttons' DADU? **A:** It's being used as an extension of the main home for the family of five and is also rented out for 30-day periods. **Q:** What precedent concerns did neighbors raise? **A:** They worried that approving this variance would create a "paved path" for other DADU owners to seek similar variances, effectively undermining the city's policy. **Q:** What was the hearing examiner's position on the applicant's occupation and intent? **A:** He ruled that the applicant's occupation as a short-term rental attorney and any intent to challenge laws are irrelevant to the legal criteria for granting a variance. ---