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. Stonehouse, located at 1734 S. Northern Boulevard in the Englewood Arts District, was approved approximately two years 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 S. 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.
SHORT TERM RENTAL REQUIREMENTS:
The attached application must address the following topics:
· Noise monitoring – The applicant must install a noise monitoring system which will notify the applicant if the decibel level is above 85db for more than five continuous minutes.
· Trash Removal - Trash pick-up is scheduled for a weekly pick up via Ted’s Trash Service.
· Property listing - The property will only be listed on the AirBNB site.
· Business operations/security – Kansas City Property Solutions will be responsible for most of the business operations including site security, screening customers, and coordinating bookings.
· City’s Short Term Rental checklist – The form was completed by the applicant covering licensing, future inspections, insurance, on-site information posting, and so forth.
· Fire safety – A fire evacuation plan had been submitted along with floor plans of the house. The fire escape plan must also be posted per Code requirement.
· City inspection - 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 23-400-02 – 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 six adults.
4. The noise monitoring system shall be installed and activated, the Good Neighbor Guidelines, evacuation plan and other notices must be properly posted, prior to approval of the business license.
5. Pave the street side pull-off area.
Mr. Harker noted the City did receive a Legal Protest Petition on this case, so any decision will become a recommendation to the City Council for consideration.
Commissioner Nesbitt asked if staff will be inspecting Short-Term Rentals to ensure they continue to use a noise monitoring device. Mr. Borders stated staff can request the Rental Ready inspectors look for the noise monitoring device each year, as they renew their business license.
Applicant Comments
April Preston, 10920 E Winner Road, stated as a correction to the staff report, they only plan to host six people maximum. She said they do plan to pave the pull-off area if approved. Ms. Preston stated she’s also ordered the Minut noise monitoring devise.
In response to Commissioner Preston’s question, Ms. Preston said she owns the Short-Term Rental at 1734 S Northern and has been live for two years. She stated she’s become a Super Host on Airbnb. Ms. Preston said neighbors love having a Short-Term Rental in the neighborhood. She said at the Northern address, their average stay is one week and noted their minimum will be two days for this property.
In response to Commissioner H. Wiley’s question, Ms. Preston stated she had an open house for neighbors where she told them about her plans for the property. She advised Councilmember Perkins also helped talk to neighbors about their concerns. Ms. Preston noted her long-term renter currently parks on the left side of the driveway.
In response to Commissioner Preston’s question, Ms. Preston said the new Short-Term Rental application requirements were easy to understand and staff was available to help along the way. Ms. Preston stated she’s willing to comply with all the staff recommendations outlined by Mr. Harker.
In response to Commissioner L. Wiley’s question, Ms. Preston stated she handles everything pertaining to the Short-Term Rental, from bookings to cleanings. She said if someone is looking to rent a Short-Term Rental that is local to the area, they will ask additional questions to find out why, to prevent parties. Ms. Preston clarified the long-term renter does not have access to the Short-Term Rental unit.
In response to Commissioner Nesbitt’s question, Ms. Preston stated she doesn’t have exterior cameras at the home.
Public Comments
Leigh Phillips, 1423 S Maywood Avenue, stated she is against this Short-Term Rental/mini hotel being in her neighborhood. She advised she and her neighbors are against transient guests coming and going from their neighborhood. Ms. Phillips noted the first time this case went before the Planning Commission, they also submitted a Legal Protest Petition, and their concerns are still valid. She said allowing this Short-Term Rental/mini hotel would destroy her neighborhood. Ms. Phillips stated the Independence Housing Study states discretion should be used when approving Short-Term Rentals and requests the Commission to vote against this case. She said there are still supply issues when building new homes and the City should not allow out of town investors to purchase existing homes for commercial use. Ms. Phillips questioned how out-of-town investors can be considered more important that the surrounding neighbors.
Cynthia Green, 1508 S Maywood Avenue, stated she loves her neighborhood and believes it should remain a single-family neighborhood. Ms. Green said she’s spoken to some of her elderly neighbors who are also against this application. She also expressed concern that this house is across the street from the neighborhood school bus stop and the owners will not have cameras outside their home. Ms. Green stated Short-Term Rentals have issues all over the state.
In response to Commissioner L. Wiley’s question, Ms. Preston stated if the Short-Term Rental is not approved, they will seek an additional long-term renter for this property.
Ms. Preston stated she grew up in Independence and has property in Independence and is not an out-of-town investor. She said she’s on the EBA and CID Board for Englewood and is very active in the community. Ms. Preston said she’s in Independence every single day and lives in the country, just outside Independence. She explained where her business name came from and stated her investment group are all local people. Ms. Preston said Short-Term Rentals help bring people to Independence that may otherwise not stay here. She noted she provides guests with information on Independence and of local businesses they can visit. Ms. Preston said all of the neighbors have her cell phone number and she would respond if there were any issues.
In response to Chairwoman McClain’s question, Ms. Preston provided information on some of the positive reviews she’s received on her Stone House Short-Term Rental. Ms. Preston said she has a lot of visitors coming for sporting events.
In response to Commissioner L. Wiley’s question, Mr. Harker reviewed the Short-Term Rental revocation part of the City Code. Ms. Preston noted the business license is only good for one year and if there were issues, the City could choose to not allow her to renew her business license.
In response to Commissioner Nesbitt’s question, Mr. Harker provided the Commission with the protest petitions to review. Mr. Harker noted the validity of a protest petition is based on the square footage within 185 feet of the subject property. He stated since there is a Legal Protest Petition, this case will go to the City Council for a final decision.
In response to Chairwoman McClain’s question, Assistant City Attorney John Mautino stated he could not find a legal definition of mini hotel in the City Code or the Missouri statutes referencing zoning.
In response to Chairwoman McClain’s request, Mr. Scarborough (the applicant for a previous Short-Term Rental case) explained the Minut Noise Monitoring system. He said it’s the size of a smoke detector and will monitor decibel levels of noise. He clarified it does not listen or record voices. Mr. Scarborough stated the homeowner can set the device to alert them when a certain decibel level has been met for a certain amount of time. He stated he has his set to alert when noise reaches 85 decibels for five minutes. Mr. Scarborough said at that time, he will contact the guests and let them know of the issue. He noted it also alerts to moisture or temperature changes. Mr. Scarborough said he loves the service and it’s very affordable.
Commissioner Comments
Commissioner Preston said he’s usually an advocate for Short-Term Rentals because they have a positive impact on neighborhoods. He stated he believes the neighbors have the right to oppose activities in their neighborhood and regretfully cannot support this application.
Commissioner Nesbitt and Commissioner H. Wiley stated they agree with Commissioner Preston.
Chairwoman McClain stated the Commission does take Short-Term Rentals seriously and the City has had good success with them. She said Short-Term Rentals can help the City and is a good way for people to see and experience our historic city. Chairwoman McClain said she has a couple Short-Term Rentals in her neighborhood, and she’s never had any issues with the guests staying there.
Motion
Commissioner Preston made a motion to approve Case 23-400-02 – Short-Term Rental – 1430 S. Maywood Avenue, with the conditions as outlined by staff. Commissioner H. Wiley seconded the motion. The motion failed with zero affirmative votes."