Astoria residents who failed to overturn a city decision to allow vacation rentals at the historic Gilbaugh Building near downtown are trying again.

Three residents — Andrew Kipp, John Windus and Austin Kettleson — appealed a decision city staff made in June to grant a request by Bob and Cindy Magie to allow the conversion of their fourplex and two cottages on Exchange Street from long-term housing to vacation rentals. The decision was a reversal from the city’s original position.

While the two cottages were already being used as vacation rentals before January 2019 — the cut-off before the city’s homestay lodging ordinance went into effect preventing structures occupied as residential housing from being used as vacation rentals — one unit in the fourplex was still being occupied by a long-term renter.

City staff explained in the June decision that since the couple started taking the steps necessary to operate the fourplex as a vacation rental prior to the homestay lodging ordinance going into effect, it constitutes a lawful nonconforming use.

Kipp, Windus and Kettleson, through their attorney, argued there is no evidence to support that the Magies intended to convert the apartments into vacation rentals. Kettleson had been living in the Gilbaugh Building before receiving a 90-day notice in 2022.

Alan Rappleyea, the hearings officer who presided over the appeal hearing in November, sided with the city.

Kipp and Windus filed an appeal of the hearing officer’s decision on Tuesday.

The city said it is reviewing whether the City Council or a new hearings officer will review the appeal.