Urban Planning and Land Use

Transcription

1 Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) Kansas City, Kansas Fax: (913) planninginfo@wycokck.org To: From: City Planning Commission City Staff Date: March 11, 2019 Re: Petition #SP GENERAL INFORMATION Applicant: Taryn Glidewell Status of Applicant: Property Owner 2914 West 44 th Avenue Kansas City, KS Requested Action: Approval of a Home Occupation Special Use Permit (Renewal) Date of Application: January 25, 2019 Purpose: To continue operate a Bed and Breakfast/AIRBNB at the applicant s primary residence Property Location: 2914 West 44 th Avenue #SP March 11,

2 Commission Districts: Commissioner At Large: Tom Burroughs District Commissioner: Ann Brandau Murguia Existing Zoning: R-1(B) Single Family District Existing Surrounding Zoning: North: R-1(B) Single Family District and R-2(B) Two Family Districts South: R-1(B) Single Family District and R-2(B) Two Family Districts East: R-1(B) Single Family District and R-2(B) Two Family Districts West: R-1(B) Single Family District and R-2(B) Two Family Districts Existing Uses: North: South: East: West: Single family residences and duplexes Single family residences and duplexes Single family residences and duplexes Single family residences and duplexes Total Tract Size: 0.12 acre Master Plan Designation: The Rosedale Master Plan designates this property as Low-Density Residential. Major Street Plan: The Major Street Plan designates 44 th Street as a Local Street and Mission Road as a Class A Thoroughfare. Advertisement: The Wyandotte Echo February 14, 2019 Letters to Property Owner February 13, 2019 Public Hearing: March 11, 2019 Public Opposition: None to date PROPOSAL Detailed Outline of Requested Action: The applicant, Taryn Glidewell, is applying to continue to use the property at 2914 West 44th Avenue as a Bed and Breakfast/AIRBNB. This is the applicant s primary residence, and the applicant is lists both bedrooms (two bedroom residence). City Ordinance Requirements: through #SP March 11,

3 FACTORS TO BE CONSIDERED 1. The Character of the Neighborhood. The neighborhood is residential in nature, with a mix of single family and twofamily residences, and apartments nearby. 2. The zoning and uses of properties nearby and the proposed use s expected compatibility with them. The zoning and uses of the properties are set out above. The proposed use might be compatible with the surrounding residences if operated properly. Operating this property as a bed and breakfast has the potential to create issues related to noise, parking, and other concerns related to overcrowding. The fact that this property is the primary residence of the host mitigates these concerns to some extent. 3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property? Removal of the restrictions may not detrimentally affect nearby property. Potential detrimental effects such as noise and parking are mitigated by some extent by the fact that this property is the primary residence of the house. 4. The length of time the property has remained vacant as zoned. The property is not vacant. 5. The degree of conformance of the proposed use to the Master Plan. Special use permits are not addressed in the Master Plan. 6. Whether the proposed use will result in increasing the amount of vehicular traffic to the point where it exceeds the capacity of the street network to accommodate it. The proposed use will not increase vehicular traffic to the point where it exceeds the capacity of the street network 7. Whether the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property. The proposed use provides convenient lodging for the public and will not likely substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property. #SP March 11,

4 8. Whether the noise, vibration, dust, or illumination that would normally be associated with such use is of such duration and intensity as to create problems for near-by property. This is not foreseen to be an issue. 9. Whether the proposed use will pollute the air, land or water. This is not foreseen to be an issue. 10. Whether the use would damage or destroy an irreplaceable natural resource. This is not foreseen to be an issue. 11. The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner or landowners. The relative gain or loss to the public health, safety, and welfare is likely to be minimal. If denied, the landowner would not be able to use the property as a bed and breakfast but may use the property as a single-family house. 12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population. This is not an issue. PREVIOUS ACTIONS #SP was approved by the Unified Government Board of Commissioners on April 5, 2018 for one (1) year. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on February 22, According to the applicant, no one attended the meeting except for Erin Stryka, Executive Director of Rosedale Development Association (RDA), who hosted the meeting. KEY ISSUES Neighborhood Preservation Quality of Life Housing Availability Economic Development Safety Regulatory Consistency #SP March 11,

5 STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. A synopsis from March 2018 approval: a. One or two bedrooms are being rented to a total of five (5) guests and a business license was obtained in June While the applicant resides in the home, Ms. Glidewell received approval for one (1) year because she leaves the residence when she rents both bedrooms. 2. When you rent out both bedrooms, do you leave the premises? Applicant Response: When I rent out both bedrooms, I do leave. 3. Has anything changed in your operation since your approval last year? Applicant Response: The only thing that has changed is that I will no longer be renting out the one bedroom, only the full house. 4. Has there been any complaints or incidents with neighbors since you have been approved? Applicant Response: There have been zero complaints or incidents with anyone (neighbors or otherwise) at all in my operations. My neighbors are supportive. 5. If approved, the following will be stipulations of approval: a. Host will maintain a safe environment including: i. Working smoke detectors in each bedroom plus each level of the unit/house. ii. GFCI outlets are required in bathrooms. iii. Double keyed locks are not allowed. iv. Copper cannot be used for gas supply lines. v. Windows must be operable, not blocked or boarded. vi. Handrails are required at sets of 4 or more stairs/risers. vii. Hot water tank and furnace must be vented properly and operational. viii. Electric panel and circuits must be safe. b. Host will obtain a business license with the City. c. The maximum number of guests is limited to five (5) people (not including an infant/child). d. Only one additional (guest) car is permitted. e. House rules must include provisions indicating no parties or events to be held on site. f. Approval is for one (1) year. Applicant Response: I agree to all of the stipulations, and already have those in place. However, I would graciously request an extension of approval for two (2) years, instead of one (1) year. #SP March 11,

6 Staff Response: Again, although applicant lives in the residence, the whole home is available for short term rental. The applicant is not on-site when guests are present and completed a one (1) year trial successfully. Therefore approval shall be for two (2) years. Public Works Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: 1) None B) Items that are conditions of approval (stipulations): 1) None C) Comments that are not critical to engineering s recommendations for this specific submittal, but may be helpful in preparing future documents: 1) None Stipulations of Approval: 1) Host will continue to maintain a safe environment described above. 2) Host will continue to obtain a business license with the City. 3) The maximum number of guests is limited to five (5) people. 4) Approval is for one (1) year because the applicant rents the entire home and is not present when guests are staying. STAFF RECOMMENDATION Staff recommends that the City Planning Commission make the findings contained within the staff report related to Factors to be Considered, and Key Issues and recommend APPROVAL of Petition #SP subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Applicant Response Letter Neighborhood Meeting Minutes Parking Options Google Street View of house and parking Building Sketch Zoning Map Site Photographs #SP March 11,

7 REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Board of Commissioners Public Hearing March 11, 2019 March 28, 2019 Special Use STAFF CONTACT: Byron Toy, AICP MOTIONS I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #SP to the Unified Government Board of Commissioners as meeting all the requirements of the City code and being in the interest of the public health, safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements of the Kansas City, Kansas City Planning Commission: OR 1. ; 2. ; And 3.. I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #SP , to the Unified Government Board of Commissioners as it is not in compliance with the City Ordinances and as it will not promote the public health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. #SP March 11,

8 #SP March 11,

9 #SP March 11,

10 Parking options Google Street View of house and parking #SP March 11,

11 Building sketch #SP March 11,

12 Zoning map Kitchen #SP March 11,

13 Bedrooms #SP March 11,

14 Bathroom #SP March 11,

15 Living room #SP March 11,