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 12, 2018 Re: Petition #SP GENERAL INFORMATION Applicant: John L. Ross, Jr. Status of Applicant: Representative State Line Group, LLC State Line Rd. Kansas City, KS Requested Action: Approval of a Special Use Permit Date of Application: January 10, 2018 Purpose: To operate a Bed and Breakfast at the applicant s primary residence. Property Location: 4164 State line Road Existing Zoning: R-1(B) Single Family District #SP March 12,

2 Existing Surrounding Zoning: North: R-1(B) Single Family District South: R-1(B) Single Family District East: The City of Kansas City, Missouri West: R-1(B) Single Family District Existing Uses: North: South: East: West: Single Family House Single Family House Single Family House Single Family House Total Tract Size: 0.15 acre Master Plan Designation: The Rosedale Master Plan designates this property as Single Family Residential. Major Street Plan: The City-wide Master Plan designates State Line Road as a Collector Street. Advertisement: The Wyandotte Echo February 15, 2018 Letters to Property Owner February 14, 2018 Public Hearing: March 12, 2018 Public Opposition: None to date. PROPOSAL Detailed Outline of Requested Action: The applicant, John L. Ross, Jr., is applying to use the property at 4164 State Line Road as a Bed and Breakfast. Although this is the applicant s primary home, the applicant spends the majority of his time traveling. The applicant rents the entire house. City Ordinance Requirements: through FACTORS TO BE CONSIDERED 1. The Character of the Neighborhood. This property is within the Hanover Heights Historic District Environs Zone. This is a predominately single-family neighborhood with many historic properties. 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 may be compatible with the surrounding single-family houses if operated properly. Operating this property as a bed and breakfast has the potential to create issues #SP March 12,

3 related to noise, parking, and other concerns related to commercial activity in a 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? Removal of the restrictions may not detrimentally affect nearby property if the business is operated properly. 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. The Master Plan does not address Bed and Breakfast uses or special use permits. 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 could result in increased traffic to the property compared to a single-family house. However, vehicular traffic will not exceed the capacity of the street network to accommodate it. 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 could result in increased traffic to the property compared to a single-family house. However, vehicular traffic will not exceed the capacity of the street network to accommodate it. 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. 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. 9. Whether the proposed use will pollute the air, land or water. This is not foreseen to be an issue. #SP March 12,

4 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 he 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 None NEIGHBORHOOD MEETING The applicant held a neighborhood meeting February 24, Several neighborhood residents were in attendance. The meeting minutes are attached to this staff report. KEY ISSUES Neighborhood Preservation Quality of Life Housing Availability Economic Development Safety Regulatory Consistency STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. How long has the business been in operation? Applicant Response: Since October Were neighbors consulted prior to opening the business? Applicant Response: Yes, I contacted both Mark Steger (property to the N) and Ryan Gregory (property to the S) prior to starting #SP March 12,

5 3. Do you have a business license? Applicant Response: I own two companies, an LLC and a Corporation, both have federal ID numbers, no business license 4. Have you paid appropriate lodging taxes? Applicant Response: Yes, through AIRBNB 5. How many rooms are rented? Applicant Response: The whole house, two bedrooms 6. What is the maximum number of people that will be staying at any one time? Applicant Response: Four (4) 7. What is the maximum number of vehicles and where will they park? Applicant Response: Two (2) in the back, off the street 8. How often are guests in the residence? Applicant Response: Twice per month, on average, about 6-8 days 9. Do you have a rental license from the Unified Government for the facility? Applicant Response: No, not for this property 10. Describe in detail the area(s) rented for Airbnb/other rental operations. Include bed rooms, bathrooms common areas etc. #SP March 12,

6 Several homes, rooms, and townhouses in the area are available through AIRBNBs. KU Med is just a few blocks away, which might be the primary reason. The screen shot above, shows the results of a search for AIRBNBs around KU Med. Choices include entire 3-bedroom townhomes, single family homes, single rooms to let, and apartment units to let for AIRBNB. This seems to be a popular location and a popular method. Many of my neighbors are also involved in hosting 11. Describe how you will maintain a safe environment including: A. Working smoke detectors in each bedroom plus each level of the unit/house. Applicant Response: Three (3) smoke detectors, one (1) carbon monoxide detector, two (2) fire extinguishers B. GFCI outlets are required in bathrooms. Applicant Response: Yes, and in the kitchen as well C. Double keyed locks are not allowed Applicant Response: None present D. Copper cannot be used for gas supply lines Applicant Response: None E. Windows must be operable, not blocked or boarded Applicant Response: All windows operational F. Handrails are required at sets of 4 or more stairs/risers Applicant Response: Done G. Hot water tank and furnace must be vented property and operational. Applicant Response: Properly vented and inspected #SP March 12,

7 H. Electric panel and circuits must be safe Applicant Response: Done 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 Imagery Zoning map Site Photos and Floorplan Additional Information Meeting Minutes Applicant Letter of Conditional Support from Historic Hanover Heights REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing March 12, 2018 April 5, 2018 Special Use STAFF CONTACT: Zach Flanders 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: 1. ; 2. ; And 3.. #SP March 12,

8 OR 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 12,

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21 Janet, Thank you for the rapid response. I assure you, there was no delay in getting back to me. I have a few suggested inputs, and since this document is likely to be filed away and part of the official record, I have a few recommended edits for posterity. Some of these inputs are not necessarily intended to be put into the document, I just want to use this forum to offer some ideas. On page 1 of the draft, and throughout the document, there is mention that I am seeking approval to run a bed and breakfast out of my home. That actually in not true. A bed and breakfast implies that I am providing breakfast to my guest, I am not. I'm just offering my home as a place of temporary lodging for folks visiting the KC area. This provides me a sense of security and safety for my property and my neighbors. As a temporary lodging location, my house is not setting vacant and vulnerable. I'm not sure if that makes much of a difference, but I wanted to let you guys know its not a bed and breakfast, its just the bed part. There are also many references to the traffic impact and parking impact to the area, as well as the potential for noise and just general traffic. The county as correctly assessed that this is not an issue if the operation is run properly. I do run it properly. Each guest is restricted to 2 cars, and the cars must be parked off the street, in the parking area provided behind the house. My guests are screened prior to my approval. The guest currently in my house is a Pediatric Surgeon. She is a guest surgeon at KU Med. My previous guest, a few months ago, was the President of the Latino Engineering Society. My guest, before the doctor, was a retired school teacher (38 years). I don't rent to partiers or teenagers. This is my house. My property is in that house. My daughter checks up on the house while I am out of town. I run a tight ship. Pg 3 para 8 The proposed use provids convenient lodging correct to The proposed use provides lodging Pg 4 para 11 references the relative gain for the county and city. The comment suggest that there might not be much of a gain for the area. I'm not sure this needs to be in the document, but since I started this little business, I've hired a local plumber, a local electrician, a local handyman, and a cleaning lady (the house gets cleaned once per week). I also have recommend and have had lodgers eat at Kansas City Joes, and 1889 Napoletana Pizza as well as numerous places on 39th street, Westport, and the Plaza. Additionally, my water and electric bill are 3X higher than when the house wasn't an AirBnB. That is some income to Wyandotte County. Finally, I buy all my restock items at Walmart Neighborhood Market on 47th street across from KC Joes, and I've recommended my dentist in WYCO to a guest, and KU Med to a guest. I believe I'm contributing to the relative gain for WYCO. I also own the house to the South (the shared driveway house) and I paid $5,000 in property taxes last year. I just wanted to mention that I'm a good citizen and just trying to keep my house safe and give travelers a taste of the hospitality of our city and our area. Pg 7 para on Staff Recommendations, there seems to be a very large blank space between "recommend" and "of Petition". Janet, and Zack, thank you for this opportunity to respond and offer some ideas and edits. I want to take just a few words here at the conclusion of this message to thank you both for ensuring the area and properties in my neighborhood are kept honest. I would not want to jeopardize property #SP March 12,

22 values in the area as I own 2 houses in the area. I'm looking forward to the commission meeting on 3/12. My daughter will be representing our petition. Have a great weekend, both of you. -John Ross #SP March 12,

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