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: February 11, 2019 Re: Petition #SP GENERAL INFORMATION Applicant: Lance Pierce Status of Applicant: Property Owner 4028 Booth Kansas City, KS Requested Action: Special Use Permit Date of Application: December 6, 2018 Purpose: To operate a short-term rental through AirBNB Property Location: 4028 Booth Street Commission Districts: 1. Commissioner At Large: Tom Burroughs 2. District Commissioner: Ann Brandau Murguia Existing Zoning: R-1(B) Single Family District SP February 11,

2 Existing Surrounding Zoning: North: R-1(B) Single Family District South: R-1(B) Single Family District East: R-1(B) Single Family District West: R-2 Single Family District Existing Uses: North: South: East: West: Single family residential Single family residential Single family residential Duplex properties Total Tract Size: 0.16 acre Master Plan Designation: The Rosedale Master Plan designates the property as Single Family Neighborhood Major Street Plan: Booth Street is designated as a local residential street Advertisement: The Wyandotte Echo January 17, 2019 Letters to Property Owner January 15, 2019 Public Hearing: February 11, 2019 Public Opposition: None to date PROPOSAL Detailed Outline of Requested Action: The applicant, Lance Pierce, wants to operate a short-term rental AirBNB at 4028 Booth Street. This is not the applicant s primary residence. City Ordinance Requirements: through FACTORS TO BE CONSIDERED 1. The Character of the Neighborhood. This area of Rosedale is predominately residential with retail and restaurants nearby. 2. The zoning and uses of properties nearby and the proposed use s expected compatibility with them. The proposed use of a short-term rental in the existing property would fit with the character of the residential area. 3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property. SP February 11,

3 Removal of the restrictions will not detrimentally affect nearby property. 4. The length of time the property has remained vacant as zoned. This property has not been vacant. 5. The degree of conformance of the proposed use to the Master Plan. Although this property is within a single family neighborhood according to the Rosedale Master Plan and zoned R-1(B), the property is a legal non-conforming duplex, appearing as 4028 and 4028 ½ in the 1991 City Directory and as appraised in The property owner proposes to have both units as separate rentals. 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 is not expected to increase vehicular traffic to that point. 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. This is not expected to be an issue. The exterior of the property will not change to the point of affecting the quality or marketability of adjoining property. The experienced property owner currently operates twenty AirBNB properties in Kansas City, Missouri and is a verified Super Host on the site with over 3,000 guest reviews. He has been on AirBNB since 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 expected to be an issue. 9. Whether the proposed use will pollute the air, land or water. This is not expected to be an issue. 10. Whether the use would damage or destroy an irreplaceable natural resource. This is not expected 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. SP February 11,

4 The relative gain or loss to the public health, safety, and welfare is likely to be minimal. If denied, the applicant would not be able to use the property for AIRBNB but could potentially use it for long-term rentals. 12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population. This is not expected to be an issue. PREVIOUS ACTIONS None to date NEIGHBORHOOD MEETING The applicant held a meeting on January 27, There was one attendee who was supportive of the rehab and anticipated use of the property and she felt it would be a positive addition to the neighborhood. Meeting minutes, sign-in sheet, and affidavit are attached to this report. KEY ISSUES Compliance with stipulations below. STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. How long has the business been in operation? Applicant Response: Karat Investment Group has been in existence since 1/27/ Were neighbors consulted prior to opening the business? Applicant Response: Yes, a meeting with the neighbors was held on 1/27/ Do you have a business license? Applicant Response: Karat Investment Group is licensed in the state of Missouri, however a business license with the Unified Government of Wyandotte County will be acquired prior to operation. 4. Have you paid appropriate lodging taxes? Applicant Response: Yes 5. How many rooms are rented? Applicant Response: There are four bedrooms that may be rented. 6. What is the maximum number of people that will be staying at any one time? SP February 11,

5 Applicant Response: What is the maximum number of vehicles & where will they park? Applicant Response: 4 cars may park off street in the driveway. 8. How often are guests in the residence? Applicant Response: That will totally depend upon the market, however the rooms will be available at all times for rent. 9. Do you have a rental license from the Unified Government for the facility? Applicant Response: All appropriate licenses will be obtained prior to operation. 10. Describe in detail the area(s) rented for Airbnb/other rental operations. Include bed rooms, bathrooms common areas etc. Applicant Response: There are two units on the property. Each unit consist of a fully furnished living room including television, dining room, kitchen, two bedrooms and a bathroom with combination bath/shower and double vanity. 11. As this is not your primary residence, where are you located? Applicant Response: My primary residence is located in Kansas City, Missouri near KU Medical Center. 12. How often do you visit the property? Applicant Response: The property will be visited several times a week. 13. Who is responsible for issues that may arise when guests are in the unit, if neighbors have concerns, or to clean and prepare the house between guests? Applicant Response: Karat Investment Group has full-time staff that provide guest and neighbors with 24 hour service for any issues that may arise. Additionally, there is staff dedicated to cleaning properties in-between guest. 14. Have you provided your surrounding neighbors with your contact information should they have concerns? Applicant Response: Yes 15. Describe how you will maintain a safe environment including: a. Working smoke detectors in each bedroom plus each level of the unit/house b. GFCI outlets are required in bathrooms. c. Double keyed locks are not allowed d. Copper cannot be used for gas supply lines e. Windows must be operable, not blocked or boarded f. Handrails are required at sets of 4 or more stairs/risers g. Hot water tank and furnace must be vented properly and operational. h. Electric panel and circuits must be safe Applicant Response: Maintaining a safe environment is of utmost importance and all of the above mentioned safety features will be in the home for all guest. SP February 11,

6 16. The property owner proposes to have both units as separate rentals. In order for the property to remain as a legal non-conforming unit, the owner must have a valid rental license for both units. 17. Any approval would be for one (2) year. 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) Vehicles shall not be parked on the sidewalk or use part of the right-of-way for parking. 2) Applicant should be aware that on-street parking is restricted on Booth Street. 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 maintain a safe environment described above. 2. Host will obtain a business license with the City. 3. Approval will be for one (1) year. 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 Aerial Map Zoning Map Pictures of property Floor plan Neighborhood Meeting Information REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing February 11, 2019 February 28, 2019 Special Use SP February 11,

7 STAFF CONTACT: Hannah Kroll 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, 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 February 11,

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