Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 22-100Ord.No:          19388

Agenda Title:

  1. 22-100 - 2R.  An ordinance approving a Special Use Permit to operate a Bed and Breakfast at 910 E. Manor Road, in Independence, Missouri.
Recommendations:

Commissioner Paul Michell made a motion to recommend approval of the application with the following conditions:

1.       The Bed and Breakfast shall obtain a business license in accordance with all City Code and comply with Section 5.01.004 (Article 1, Chapter 5) of the City Code.  The business license number shall be listed on all advertisements and online platforms.

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

3.       The BnB will be limited to only two guests at a time, with one car and no on street parking.

 

A second to the motion was made by Commissioner Butch Nesbitt.  The Independence Planning Commission voted as follows:

 

Commissioner Nesbitt – Yes

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:

Beth A. Hoberg seeks approval to operate a operate a Bed and Breakfast at 910 E. Manor Road. 

Background:

The applicant’s property is in Golden Acres, a subdivision developed by Kroh Brothers in 1931.  The applicant’s home was constructed 1935. The two-car accessory garage with an art studio loft was constructed in 1984.  It has since been slowly transformed into living space.  Now the applicant wish to convert the property into an AirBNB.

Physical Characteristics of Property:

The garage and loft set to the north of the residence, accessed by a paved drive passing west of the house.  A stairway to the living quarters is attached to the building’s east side.  Upon entering the loft is found a large open space with a queen bed tucked in a corner, a small stove, refrigerator and a sink, a small bathroom with a shower. 

Characteristics of the Area:

Golden Acres is a well-maintained, cohesive neighborhood with a diversity of architectural styles and designs.  The neighborhood itself, and those surrounding, are pre-dominantly single-family in nature.

The Proposal:

The loft will accommodate two adult guests.  Children, pets, illegal drugs and smoking will not be permitted.  AirBNB runs a basic identity verification and a method of communicating with guests before accepting their requests for reservations.

Because the applicant’s will be living in the main house, they will be able to monitor the loft.  If guests become unruly or annoying to the neighbors, and cannot be dealt with easily, the applicant’s son, who is an IPD detective, can help de-escalate issues.

Consistency with Independence for All, Strategic Plan:

This proposed use could help support the economic prosperity of the nearby Noland Road corridor and Independence Square area by giving tourists and visitors a place to reside while in the area.

Comprehensive Plan Guiding Land Use Principles:

The City Comprehensive Plan recommends Residential Established Neighborhood uses for this site. This Guiding Land Use Principle most relevant to this particular situation would be, “(p)reserve the integrity of existing neighborhoods and the historic nature of older neighborhoods.”

Historic and Archeological Sites:

While in an increasingly historic neighborhood, there are no apparent historic/archeological issues with this property.

Public Utilities:

All utilities are present on the site and operational.

Parking:

The property has a single-car wide driveway accessing the two-car garage.  Parking for two guests will not be an issue.

Inspections:

The property will need to meet all applicable permitting and meets the Fire and Life Safety Inspection requirements. 

Trash Collection:

The applicants indicated they will add the guests to their own AAA Trash Service.

 

Recommendations and decisions on special use permit applications must be based on consideration of all of the following criteria:

1.       Compatibility of the proposed use with the character of the neighborhood.

This is a residential neighborhood comprised primarily of single-family dwellings.  The use of this accessory garage, as a Bed and Breakfast with a maximum of two guests, should be compatible with this established neighborhood.

2.       The extent to which the proposed use is compatible with the adjacent zoning and uses.

A Bed and Breakfast should have minimal impact on the area.

3.       The impact of the proposed use on public facilities.

All public facilities are in place here and this proposed use is not a significant consumer of water, sanitary sewer and electrical services.

4.       The suitability of the property for the permitted uses to which it has been restricted under the applicable zoning district regulations.

This Special Use Permit would allow an additional land use not already permitted in this R-6 residential district.

5.       The extent to which the proposed use may injure or detrimentally affect the use of enjoyment of property in the area.

A Bed and Breakfast is not expected to affect any of these issues.

6.       The extent to which the proposed use will create excessive stormwater runoff, air pollution, noise pollution or other environmental harm.

As this is a developed site, these concerns should not be an issue.

7.       The extent to which there is a need for the use in the community.

With the home’s accessibility via Noland Road to the Independence Square and the other historic assets in the community, there appears to be a need for this type of business.

8.       The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this article.

If approved with a Special Use Permit, the application appears to satisfy the requirements Section 14-416 of the Unified Development Ordinance.

9.       The extent to which public facility and services are available and adequate to meet the demand for facilities and services generated by the proposed use.

This is an long existing property, all public facilities in place and operational.

10.   Conformance of the proposed use to the comprehensive plan and other adopted plans and polices.

The City’s Comprehensive Plan envisions Residential Established Neighborhood uses for this site.

11.   The extent to which the use will impact sustainability or revitalization of a given area.

As mentioned previously, this Special Use Permit would allow utilization of the accessory building in a manner that is in keeping with the character of the neighborhood.

 

Draft Planning Commission minutes:
"
Case 22-200-10– Special Use Permit – 910 E. Manor Road

 

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 Bed and Breakfast shall obtain a business license in accordance with all City Code and comply with Section 5.01.004 (Article 1, Chapter 5) of the City Code.  The business license number shall be listed on all advertisements and online platforms.

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

3.  The BnB will be limited to only two guests at a time.

 

Applicant Comments

Beth Hoberg, 910 E. Manor Road, provided pictures to the Planning Commissioners.  Ms. Hoberg provided background information on the property.  She stated she has talked to neighbors and provided them information on their plans to rent their loft through Airbnb.  Ms. Hoberg said she won’t provide keyless entry so that she can meet all of the guests and decide if they’re going to stay at their loft. 

 

In response to Commissioner Wiley’s question, Ms. Hoberg stated they were posted on Airbnb and hosted about 15 guests.  She stated they wanted to see if this would be a viable business before investing more time and money into their business.  She stated since they discovered permitting through City was required, they have stopped hosting and will await the decision from the City Council before hosting again.

 

Commissioner Nesbitt stated he’s concerned about parking.  Ms. Hoberg stated guests will park at the bottom of the steps to the loft.  She said her husband will park outside when there is a guest, so they will always have a vehicle available to them. 

 

Public Comments

Jeffery Mitchell, 601 Rankin, stated he lives next door to an unlicensed Airbnb and he appreciates Ms. Hoberg going through this permitting process.  He expressed concerns about parties at parking but stated he doesn’t believe Ms. Hoberg will have an issue since they live at the property.   

 

Commissioner Comments

Commissioner Mitchell recommends adding to condition number three that only one car is allowed and that there is no on-street parking. 

 

Motions

Commissioner Michell made a motion to approve Case 22-200-10– Special Use Permit – 910 E. Manor Road, with conditions as outlined by staff with the addition to condition number three that only one car is allowed and there is no on-street parking.  Commissioner Nesbitt seconded the motion.  The motion passed with five affirmative votes."

Department:          Community DevelopmentContact Person:          Tom Scannell


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

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Staff ReportBackup Material
Letter from ApplicantBackup Material
Application PacketBackup Material
Notification LetterBackup Material
Notification InformationBackup Material
Notification AffidavitBackup Material
PhotoBackup Material
PlatBackup Material
Plot PlanBackup Material
Short-Term Rental MapBackup Material
Comp Plan MapBackup Material
Zoning MapBackup Material
Fire InspectionBackup Material