Chadds Ford, PA is actually Delaware County, PA but to me has always felt more Chesco than Delco. Chadds Ford has beautiful twisty roads, some gems of homes and estates, and used to be quite understated. I say used to be, because like every other slice of heaven between Devon and Wilmington….there is development.
Anyway in April, 2024 an article in the Philadelphia Inquirer by a reporter whom I respect and follow caught my eye:
Owners of a Chadds Ford home once owned by the du Ponts have been fined $17,000 for renting through Airbnb
Short-term rentals remain a thorny issue for many towns.
by Frank Kummer
Published April 9, 2024, 5:00 a.m. ET
Well…noise travels, doesn’t it?
Then the Philadelphia Inquirer had another article in the form of a newsletter in the same month of April, 2024. By another reporter I follow:
$17,000 in fines for renting estate as Airbnb | Real Estate Newsletter
And ‘million-dollar’ Pa. communities.
Published April 11, 2024, 6:20 a.m. ET
So it looks like Smithbridge Partners (or maybe their lawyers since do we think the owners will go to court?) has put off their court date until after their zoning hearing board hearing event which looks like October 22? Now zoning hearing was put off from September, correct? When I last looked they were supposed to go to court this week on the fine stuff, and now the dockets read November?
And what is it to be at zoning October 22nd? If it reads like September 4th which was postponed it will be “1465 Smithbridge Road – Appeal of Zoning Code Enforcement/Variance to operate B & B”?
So are the owners going to be ON PREMISES to run a B&B AKA Bed and Breakfast Inn? It’s kind of 24/7/365 as I have known people who have operated B&Bs and one who still does? As a matter of fact, one person I know operates a B&B in PA and has a separate Air BnB in another state which is professionally run by a real estate company with strict rules.
So how come that Air BnB became such a mess? Did the property owners think neighbors would just give up their personal reasonable expectations of quiet enjoyment for the profit of others? I mean if there is the money to do things right, why not do just that?
https://delco.today/2024/04/chadds-ford-airbnb-citations
https://www.the-sun.com/news/11049874/fined-17k-after-renting-home-airbnb
So would you want to be known as the people who purchased part of a former Du Pont property and then was all over media for this? Supposedly, these folks own about 400 acres of land in Chadds Ford between Smithbridge and Ridge Roads? Below is what I found on various properties under or affiliated with this entity:
Now with regard to the Air BnB at 1465 Smithbridge Road I have to ask, what is currently going on? Is it now empty or is it still being rented out as an Air BnB? Another wrinkle is a conservation easement on the property perhaps? It is (and already was when they bought it) under conservation easement with Brandywine Conservancy, correct? The easement states, “No industrial or commercial activities shall be conducted or permitted on the Property, with the exception of agricultural and livestock activities.” The conservation easement is copied below.
How is either an Air BnB or a B&B not a commercial activity? What does the esteemed Brandywine Conservancy say about this? And if there is an easement, can you use the easement as in is there a trail? if so, is it maintained and by whom? I ask not because I know anything suspect, I ask because we have all heard of properties out here with conservation easements and I am guessing someone does maintenance so they can be used the way they are supposed to be used, right?
So the Air BnB of it all got a cease and desist letter in 2023:
So what is the end game with the thing going to zoning later this month about being a Bed and Breakfast? Is this just to wiggle a door back to Air BnB? And given the other properties they own are any of them regular rentals? If so why can’t 1465 Smithbridge just be that? Or don’t they have any relatives who could live there and just let it be a normal property in a beautiful area with a conservation easement? And again where is the Brandywine Conservancy on this?
Now I asked around to those who know more than I and they came back with a famous court case that seems similar. There’s is interesting and relevant legal precedent for this case. The “Slice of Life” case was heard by the PA Supreme Court in December of 2018.
In its opinion, the Court concluded that even though the applicable zoning ordinance did not specifically prohibit the short-term rental of residential homes, such use was nonetheless prohibited. The Court stated that prohibited uses of real property do not have to be expressly excluded on a zoning ordinance.
The critical inquiry for the PA Supreme Court was the interpretation of the term “single housekeeping unit.” Past court decisions in PA have consistently applied this functional standard in its analysis to cases with similar facts. For example, courts have allowed the use of a residential home by a homeowner to provide lodging, meals, and care to physically and mentally disabled persons in their home. Conversely, courts have determined, under the same standard, that a residential home is not allowed to be used as a half-way house or a group home for foster children. These decisions turned on the fact that the average stay at a halfway house (2-6 months) and at a group home was too short to be compatible with the single-family concept.
Now the Slice of Life of it all came up again in a New York Times article this past spring about a community in the Poconos. I have been to one of the fancier of the cabins/lake of it all communities up there years ago now. It was beautiful and closely held to keep out short term rental issues. It was so beautiful and natural. It was a delight. And tiny Medford Lakes, NJ has legislated against Air BnB type short term rentals in their community to preserve it’s character.
Here is the New York Times article:
Air BnB rentals have created controversy in all sorts of communities in Southeastern PA, and in Chester County I can think of West Vincent and Willistown and West Chester Borough. I still do not know who is on first where.
Now one of the other properties these Smithbridge People own is of interest to me. And octagonal house.
https://chaddsfordlive.com/2023/02/07/from-a-schoolhouse-to-church-to-a-home
Has anyone been by this lately? What’s the current condition? Now that could make a great long term cottage rental couldn’t it?
I don’t really have much else to say on the topic. I definitely don’t have a horse in the race, except I have to say while I would not mind a traditional actual owner operated Bed and Breakfast Inn in my neighborhood, I can say the big old no to the Air BnB of it all.
This is still a situation to watch. I will be curious what happens to 1465 Smithbridge and the cool little octagonal house.
Thoughts?