Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 22-818Postponed to 11/21

Agenda Title:

22-818 - A resolution approving a Short-Term Rental for 1430 S. Maywood Avenue, located at 1430 S. Maywood Avenue in Independence, Jackson County, Missouri.
Recommendations:

Commissioner Paul Michell made a motion to recommend approval of this Short-Term Rental with the conditions listed below:

1.      The Short-Term Rental shall obtain a business license in accordance with the City Code and comply with Article 3, Chapter 5 of the City Code.  The occupation license number shall be listed on all advertisements and online platforms.

  1. The business must comply with all safety and other standards established by Section 14-420 of the City Code.
  2. The maximum occupancy of the premises shall be limited to seven persons.
  3. Become a licensed landlord for the Long-Term Rental unit.
  4. Pave the street side pull-off area.

 

The motion was seconded by Commissioner Butch Nesbitt.  The Independence Planning Commission voted as follows:

 

Commissioner Nesbit – No

Commissioner Michell – Yes

Commissioner Wiley – Yes

Commissioner McClain – Yes

Commissioner Preston – Absent

Commissioner Ferguson – Yes

 

The motion passed and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application.

Executive Summary:

April Preston seeks approval to operate a Short-Term Rental at 1430 S. Maywood Avenue.

Background:

Maywood Short-Term Rental, located at 1430 S. Maywood Avenue, was constructed in the 1960’s.  This will be the second property applied for by the applicant.  Their first short-term rental, Stonehouse, is located at 1734 S. Northern Boulevard in the Englewood Arts District, and was approved approximately one year ago.  It has received 5-star reviews.

Physical Characteristics of Property and Proposal:

The 1,961-square foot, blond, brick house is a duplex.  The main house area (1430 S. Maywood Avenue) would be the Short-Term Rental unit.  The upstairs apartment (1430½ S. Maywood Avenue) is an already occupied Long-Term Rental unit.  The 1960’s “Grandma’s House” themed Short-Term Rental will offer a minimum of two-night stays.  There are three bedrooms, to provide occupancy for seven guests.

Characteristics of the Area:

The surrounding, mostly single-family neighborhood, is dominated by small homes on small lots with rights-of-way without curbs, gutters or sidewalks.  Most of the area houses are pre-World War II bungalows with porches on tree shaded lots. 

Parking:

The property has a two-car wide driveway with one lane leading to a garage and the other to an under-deck carport.  Six cars can be parked on site and two along the pull-off on Maywood Avenue.

Unruly Guests/Security:

The applicants will screen all guests ahead of time, and let neighbors know how to reach the managers if there is ever a problem.  The applicant regularly drives by this property.  Further, a cleaner will come right after the guests leave.  Anything damaged will be charged to the security deposit and the guests will receive a “bad review” on AirBNB.

Trash Service:

Weekly trash service will be provided by Ted’s Trash Service.

Inspections:

The property has been inspected by the Fire Inspector and passed the Initial Short-Term Rental Fire and Life Safety Inspection.  There are no other Short-Term rentals in this area, therefore this application follows the density limitations of the City Code.

Draft Planning Commission minutes:

"Case 22-400-09 – Short-Term Rental – 1430 S. Maywood Avenue

Staff Presentation

Brian Harker presented the case.  Mr. Harker presented the Commission with a vicinity map, noting the area and surrounding zoning.  He presented the Commission with an aerial map indicating the project area and explained the surrounding land uses.  Mr. Harker outlined the following conditions:

1.    The Short-Term Rental shall obtain a business license in accordance with the City Code and comply with Article 3, Chapter 5 of the City Code.  The occupation license number shall be listed on all advertisements and online platforms.

2.    The business must comply with all safety and other standards established by Section 14-420 of the City Code.

3.    The maximum occupancy of the premises shall be limited to seven persons.

4.    Become a licensed landlord for the Long-Term Rental unit.

 

Applicant Comments

April Preston, 10920 E. Winner Road, stated she is licensed for the long-term rental.  She stated she has another Short-Term Rental in Englewood and has won over the neighbors who were previously concerned.  Ms. Preston stated this house is nearby and she felt it would be a good fit as a Short-Term Rental.  She provided a background on the property ownership.  Ms. Preston said she believes she keeps less desirable tenants by increasing the price of the rental.  She noted the minimum stay is two nights and believes this property will attract older guests because there are only two stairs. 

 

In response to Commissioner Nesbitt’s question, Ms. Preston stated they do not have a noise detection devise at this property.  She stated she has ADT and is alerted when they check in and out of the property.  Ms. Preston noted she drives by the property on her way to and from work every day. 

 

In response to Mr. Michell’s question, Ms. Preston said there are enough beds to accommodate up to six people.  Ms. Preston stated there is a gravel pull off area for parking in addition to the driveway.  She said she tells guests that the far-left side of the driveway is for the long-term tenant in the apartment. 

 

In response to Commissioner Nesbitt’s question, Mr. Harker stated the gravel area would need to be paved to use as parking. 

 

Public Comments

Leigh Phillips, 1423 S. Maywood Avenue, stated she lives across the street from this address.  She stated she speaks on behalf of several neighbors who all oppose this request.  Ms. Phillips said the area has high street and drug traffic already.  She stated she’s concerned about the high crime, parking, property values and there are two registered sex offenders on their block.  Ms. Phillips questioned what the basement is being used for and noted she and her neighbors are submitting a protest petition. 

 

In response to Commissioner Nesbitt’s question, Ms. Phillips advised if people park in the front of the house, she’s unable to pull onto the street.  She said this especially becomes a concern if they would have more than one vehicle parked in front. 

 

Cynthia Green, 1508 S. Maywood Avenue, stated the applicant never reached out to neighbors to tell them about this proposal.  Ms. Green stated she is concerned about crime, parking, street walkers and drug traffic in their neighborhood.  She noted this is an older neighborhood and they need new sewers and sidewalks. 

 

Ms. Preston stated she knows neighbors received the letters that were mailed by the City alerting them to her application.  She said she got several phone calls from neighbors asking for more information.  Ms. Preston stated she doesn’t typically allow local people to rent their properties.  She stated she’s never had an issue with parking in the gravel pull off area and noted it shouldn’t block neighbors from pulling onto the street.  Ms. Preston said the basement has some old board games for guests.  She said the unfinished part of the basement has locking doors and only contain the furnace and water heater.  She noted there is an exit in case someone had to get out of the garage.  Ms. Preston stated they have appraisals done and it generally helps neighboring properties in raising their property values. 

 

In response to Commissioner Michell’s question, Ms. Preston said she will pave the pull off area if required.  Ms. Preston noted they would not allow on-street parking. 

 

In response to Commissioner Nesbitt’s question, Ms. Preston said she will continue to take care of the lawn maintenance for the property. 

 

Commissioner Comments

Commissioner Nesbitt stated he would like a condition added stating that the gravel parking area has to be paved. 

 

Mr. Harker noted he did receive a legal protest petition for this application and if verified, this application will go before the City Council for a decision. 

 

Chairwoman McClain stated she believes is Short-Term Rental is different because there’s a long-term renter already on the property. 

 

Commissioner Nesbitt stated he believes the property value will go down if they make this portion of the house a long-term renter because they won’t be as motivated to keep the property in good condition. 

 

Motion

Commissioner Michell made a motion to approve Case 22-400-09 – Short-Term Rental – 1430 S. Maywood Avenue, with conditions as outlined by staff and the added condition that there be no on-street parking and the gravel portion of parking is pavedCommissioner Nesbitt seconded the motion.  The motion passed with four affirmative votes."

 

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
City Clerk DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft ResolutionResolution
Staff ReportBackup Material
Letter from ApplicantBackup Material
Application PacketBackup Material
Notification LetterBackup Material
Notification InformationBackup Material
Notification AffidavitBackup Material
PhotoBackup Material
Plot MapBackup Material
Short-Term Rental MapBackup Material
Fire InspectionBackup Material
Protest PetitionsBackup Material
Protest Petition Area MapBackup Material