During an annual fire inspection, the fire marshal found that 38 out of 85 rooms, approximately 45%, were occupied by people who had “exceeded or indicated an extent to exceed 182 days” stay. Under the city’s code, anyone who stays for more than half a year is considered a permanent occupant, documents show.
Further investigation by the city found that at least eight vehicles on the property were registered to the Ohio Bureau of Motor Vehicles with the hotel as their permanent residence.
“Subsequent research into prior approvals from 2001 to 2004 revealed ambiguity as to whether extended stay use had ever been explicitly authorized,” city documents show.
Shortly after being notified of its noncompliance, the owner of the hotel applied for the correct permitting. However, at a hearing scheduled for the city’s planning commission on Dec. 3, no hotel representative was present to state their case.
City documents show that a letter was sent to the business on Nov. 11, but leadership at the business did not receive notification, Nick Martin, the area manager for Birch Hill, told city council, adding that the business requested the decision be remanded back to the planning commission.
“There’s a lot more information that I think needs to be provided that unfortunately I was not able to assist with at the last meeting,” he said.
In his comments, Councilman David Litteral was unsympathetic to this, noting the hotel has been a recurring issue for city police.
“As much as we’re hearing people say ‘We didn’t know, we were unaware, surprised by this,’ I know letters have gone out. Communications have been made with the owners. Law enforcement has been out there plenty. This isn’t a new problem,” he said.
Nearby business owners have also accused the hotel of allowing drug use in its parking lot, according to planning commission minutes from Dec. 3. Police data from the city show that of all police calls that were dispatched to hotels in Beavercreek, nearly half were to the Birch Hill hotel, at 45%. Counting officer-initiated incidents, this number rises to 66%, Planning and Development Director Randy Burkett told city council.
However, this police data shows an incomplete picture, Martin said.
“There’s nothing in (city data) that talks about the number of room nights in comparison,” he said. “Extended stay hotels typically have a much larger number of room nights per month compared to the more transient properties we’re being compared to. So just by those figures alone, we’re going to have more action …whether it be police calls, ambulance or fire.”
Councilman Zach Upton said the hotel should be given 90 days to comply with the city code, as people who have been living there will be required to move out.
“I am concerned about people who have lived there a long time,” he said. “I don’t want to put anyone in hardship.”
A second violation notice sent to the property on Feb. 11 indicates anyone who has continuously occupied a unit for more than half a year has to vacate by March 13.
Birch Hill Suites can still reapply for a conditional use through the planning commission, and can also appeal the enforcement action through the Board of Zoning Appeals, according to the violation notice.
“The city of Beavercreek will work with the hotel to achieve compliance within a reasonable timeframe,” a spokesperson for the city said Tuesday.
Birch Hill Suites did not return additional requests for comment.
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