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HomeMy WebLinkAbout2018-07-11 CPC MIN PLANNING COMMISSION MEETING MINUTES July 11, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:03 p.m. Present: Chairman Collins, Commissioners Fletcher, Hade, Hansen, Kocon and Lauer; Councilmember Menikheim Absent: Commissioner Siess Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of June 13, 2018 regular meeting Motion by Commissioner Fletcher, seconded by Commissioner Hansen, to approve the minutes of the June 13, 2018 regular meeting. Motion passed 5-0-1 with Commissioner Kocon abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-35: Consideration of a Conditional Use Permit to operate a Type C Short Term Home Rental for the property located at 207 Myrtle Street West Suite #11 in the RCM District. Kristina and Pat Blanda, property owners. City Planner Wittman stated that Pat and Kristina Blanda have applied for a Type C Short Term Home Rental license and a Conditional Use Permit (CUP) for residential condo unit #11 at 207 Myrtle Street West. She stated that the biggest challenge with this application involves parking. The 11-unit residential condo complex has seven enclosed garage spaces and seven surface lot spaces for a total of 14 parking spaces onsite. The complex does not meet the current standards for parking. The applicant has indicated they have a dedicated garage, but use it for storage and would prefer renters utilize the surface lot spaces. City staff has advised the applicants that the Home Owners’ Association (HOA) must be willing to dedicate a specific surface level parking spot to Unit #11’s Short Term Home Rental when guests are present. If not, the applicant will be required to commit the garage space for renter use. The safety inspection for this property was conducted on June 20, 2018. A number of deficiencies were identified and they are scheduled for rectification. A condition of approval for the CUP will be that prior to issuing a Type C license, a final inspection must be passed. Two public comments from neighboring condo residents were received expressing security, safety and noise concerns. Staff finds that with certain conditions, the proposed use can conform to Planning Commission July 11, 2018 Page 2 of 3 the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans, other lawful regulations, and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends approval of a Conditional Use Permit for a Type C Short Term Home Rental with 13 conditions. Commissioner Kocon questioned the ability of the Commission to request site management to provide a parking plan for the other 10 condos in this building as part of this request. Ms. Wittman confirmed that staff can ask the HOA to provide a parking plan for the property because it is related to the request. It is a reasonable condition to look at a property parking plan to ensure there is compliance for all units. Staff feels the HOA should sign all parking spaces and create a parking plan to ensure there is adequate parking for every unit on the property. Pat Blanda, applicant, 2061 Parkview Lane, Woodbury, offered to answer questions. The HOA told him he would have a dedicated parking spot on the northeast corner. If this is not done, the applicants realize they will have to make the garage available for use. Commissioner Kocon pointed out that the disclosure for the proposed renters should state that reduced noise is required (not requested) and that renters may not park on the street or across the street. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Commissioner Hansen commented this is a unique situation for a Type C because it is in a building that has condo units as well as rental units. Nothing in the ordinance prohibits this use but he is reluctant to support it. It seems to be an inappropriate place for a Type C short term home rental right across the hall from neighbors. The tenants in this building who are renting were not notified of the hearing because the owners were notified instead. When the Short Term Home Rental ordinance is tweaked, he would like to address the issue of mixed use condo and rental buildings. Short of parking, which he feels is a major issue, there is nothing in the ordinance that justifies denial. Commissioner Hade agreed. He noted there’s no way to stop someone from renting out their condo. Commissioner Fletcher agreed that the application meets performance standards, however she feels there’s a risk that public nuisance challenges will arise. When the ordinance is tweaked, the City needs to consider that an apartment is different than a single family home, and look at the access issues of unknown people (short term home renters) coming into what should be a secure building. Commissioner Kocon agreed that the City needs to tweak the ordinance. The landlord should work with the HOA and possibly make some of the public areas, for instance the laundry room, off limits to Air BNB users, and clarify this and the other regulations in the disclosure letter. City Planner Wittman acknowledged that this building is a condo conversion originally constructed as a multi family building, so certain deficiencies exist such as fire separate requirements that would be required today for condos. Chairman Collins said he would like the short term renters to use the garage for this unit. He feels there is nothing in the ordinance to allow the Commission to deny the application. Planning Commission July 11, 2018 Page 3 of 3 Motion by Commissioner Kocon, seconded by Commissioner Hade, to approve Case No. 2018-35, Conditional Use Permit to operate a Type C Short Term Home Rental for the property located at 207 Myrtle Street West Suite #11, with the 13 conditions recommended by staff, amending Condition #3 to state “There is parking on the lot adjacent to the building for one car. No on-street parking is permitted. Registered guests are not authorized to park in nearby private parking lots” and amending Condition #9aiii to state “The maximum number of overnight guests at the property at a time is limited to three” and adding Condition #14 stating “Prior to the issuance of a license and to ensure substantial compliance with the Zoning Code, the applicant shall provide an HOA developed parking plan to show at least one parking space for each unit” and adding Condition #15 stating “The disclosure shall be amended to indicate ‘reduced noise levels are required between 10 p.m. and 8 a.m.’” Motion passed 6-0. ITEMS OF DISCUSSION There were no items of discussion. FYI STAFF UPDATES City Council/Planning Commission Joint Workshop Meeting Minutes Ms. Wittman provided the minutes and informed the Commission that staff is starting to explore changes to the meeting schedule as discussed in the meeting. Upcoming Meetings and Events Ms. Wittman reminded the Commission of upcoming meetings: a. July 25 Comprehensive Plan Advisory Committee meeting regarding transportation. b. July 24 and 31 Summer Tuesdays. c. August 22 Comprehensive Plan Advisory Committee meeting regarding implementation. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Kocon, to adjourn the meeting at 7:31 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary