The proposed Bed and Breakfast is in Manor Oaks, a subdivision of large ranch homes built in the early 1970s. This house has been a single-family residential use its entire existence. The applicant is currently operating a Bed and Breakfast at this location and has made an application to correct his non-compliance with the City’s Codes division for operating a Bed and Breakfast without a license.
Physical Characteristics of Property:
The property features two, two-car wide driveways that both lead to a garage with doors on the north and south side. The south driveway also continues to a large concrete area used for additional parking. The rear of the building features a walkout basement and an in-ground swimming pool. Additionally, there is a deck with stairs that lead to the pool on the rear of the building. The northwest corner of the property, which contains the pool, is fenced in with a privacy fence.
The building is a five bedroom and four bathroom house, with a total area of 2,237 square feet. Each of the bedrooms contains a queen-sized bed. Two of the bedrooms and two of the bathrooms are in the basement of the house. In addition to a large kitchen on the first floor, the home also features a kitchen and dining area in the basement.
Characteristics of the Area:
Manor Oaks is a well-maintained, cohesive neighborhood with a diversity of architectural styles and designs. The neighborhood itself, and those surrounding, are predominantly single-family in nature.
The Proposal:
The Bed and Breakfast can accommodate eight adult guests, additionally there are children’s bunk beds in two of the rooms. Pets will not be permitted. Access to the in-ground pool on the property will not be permitted to guests.
Because the applicant’s will be living in home, they will be able to monitor guests. The applicants have outdoor security cameras to ensure guests are following rules and are respectful of the neighbors.
Consistency with Independence for All, Strategic Plan:
This proposed use could help support the economic prosperity of the nearby Crysler Avenue corridor.
Comprehensive Plan Guiding Land Use Principles:
The City Comprehensive Plan recommends Residential 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:
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 two-car wide drive with a circle drive and a large, paved surface that can accommodate several vehicles. Parking 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 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 facilite 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 Minutes:
Case 23-200-02 – Special Use Permit – 11913 E. Mar-Bec Trail
Staff Presentation
Joshua Garrett presented the case. Mr. Garrett 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. Garrett reviewed 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. Bed and Breakfast will comply with Article 3, Chapter 5 of the City Code.
4. The Bed and Breakfast shall secure refuse collection services from a collector who is licensed to be operating within in the City of Independence.
5. The Bed and Breakfast shall provide the following:
a. Map to identify escape routes;
b. Carbon Monoxide detection as required by code;
c. Child-proofed electrical outlets;
d. Emergency contact information for the owner or manger shall be provided to each guest and posted in each guest room;
e. Fire extinguishers as required by code;
g. Smoke detectors as required by code.
6. The two bedrooms in the basement shall either be removed, or the applicant shall make these bedroom building code egress compliant prior to use as a bed and breakfast.
7. The full kitchen in the basement shall be removed prior to use as a bed and breakfast.
Applicant Comments
Jared Tolley, 11913 E Mar Bec Trail, stated two years ago they turned the basement into a rental to help with brining in income.
In response to Commissioner L. Wiley, Mr. Tolley said he did not look into the laws for Rentals and filed his taxes to not be considered a business.
In response to Commissioner Ferguson, Mr. Tolley stated there is a locked 8-foot fence all the way around the pool, making not accessible to guest.
In response to Commissioner Nesbitt, Mr. Tolley said the egress was taken care of.
Public Comments
Christine O’Donnell, 11907 Mar Bec Trail, said the Bed and Breakfast is helping the community.
Gary Hard, 12001 Oak Ridge Rd, stated there have been no issues with the business, and supported it.
William Owens, 11907 Mar Bec Trail, agreed that there have been no issues, and supports it.
R. Scott Smith, 3411 Shady Bend Drive, said he had several concerns about the Bed and Breakfast. Mr. Smith stated it violated the HOA and found out it was a rental on the internet. Mr. Smith said there were concerns with the number of guests staying at the property when rented out.
Joe Wyatt, 3217 Sunrise Slope, stated the homeowner needs to work with HOA first to get it approved to use the property as a business.
Rita O’Donnell, 3408 Shady Bend Drive, agreed the property should not become a Bed and Breakfast.
London Jones, 11912 E Mar Bec Trail, stated there have been no issues with the property being a business.
Chris Bingham, 12611 S Laci Cir Lake Lotawana, said he has a Short-Term Rental, and supports the business at the property.
Donna Luttrell, 11924 E Mar Bec Trail, stated they do not agree with having a business there, and do not want strangers coming and going in the neighborhood.
Gary Knabe, 3201 Sunrise Slope, said he had concerns about how the function of the bed and breakfast works having the owners occupying the residents still, and did not support the business being in the neighborhood.
Ruth Ann Tolley, 11913 Mar Bec Trail, stated they make sure to keep the neighborhood safe while renting out their property for the Bed and Breakfast.
Cody Bellah, 12505 S Laci Cir Lake Lotawana, agreed the Bed and Breakfast is a great opportunity for the neighborhood and city.
Commissioner Comments
Commissioner Nesbitt stated that the business was being run illegally, and therefore he could not support it.
In response to Commissioner L. Wiley, Brian Harker said they are in the process of locating business that are running illegally and have new software to help with finding those businesses. Mr. Harker also stated they are notifying those businesses that are trying to become legal.
Mr. Harker said with the current business they have been looking to see what a good fit is for the business and making them legal.
Commissioner H. Wiley stated the city does not have a standing with the HOA for the neighborhood, that effects having a business in that area.
In response to Commissioner L. Wiley, Joshua Garrett said there is enough parking at the property.
Motion
Commissioner Nesbitt made a motion to approve Case 23-100-15 – Rezoning – 140 E. Farmer Street. Commissioner Ferguson seconded the motion. The motion passed with four affirmative votes.