HomeMy WebLinkAbout2024-07-31 TPC Planning Report TPC3601 Thurston Avenue N, Suite '100 Er .Qjwui*2.
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCL1DPlanni ngCo.com
MEMORANDUM
TO: Jacob Rife
FROM: Scott Richards
DATE: July 31 , 2024
RE: Oak Park Heights — Conditional Use Permit for Transient
Lodging/Short Term Rental — 13891 56th Street North
TPC FILE: 236.05 — 24.02
BACKGROUND
Keith and Kimberly Warner have made an application for a Conditional Use Permit to
allow for transient lodging/short term rental at 13891 56th Street North. The Warner's
have been operating an Airbnb in the lower level of their home and received notice from
the City that a Conditional Use Permit is required for the business. They have applied
for a Conditional Use Permit to continue operation of the short term rental within their
home.
The property is zoned R-1 Single Family Residential District. The short term rental is
considered a home occupation, and a Conditional Use Permit is required under
401.15.M.4 of the Zoning Ordinance.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative
Exhibit 2: Location Map
Exhibit 3: Description of the Short Term Rental Unit
Exhibit 4: Pictures (Four Pages)
Exhibit 5: Map of Short Term Rental Units in the City
PROJECT DESCRIPTION
The project description from Keith and Kimberly Warner is found in Exhibit 1 and as
follows:
We are the Warners who received a letter from you over the weekend with concerns
about our business. We are currently running an Airbnb in the lower level of our home.
We offer a maximum of four guests who are screened through Airbnb before booking.
We only have one car in our driveway, 90 percent of the time. If they come with two
cars, they are asked to park in the street during the authorized months otherwise they
can also park in our driveway. We don't provide any other services except for the cost
of lodging.
We are prepared to meet all requirements and regulations so we can proceed in our
business. This is our retirement income and nothing more. This was absolutely not
intentional to run a business against city ordinances. My husband and I have run a
business for 30 years. We have met all codes and guidelines other than the city
requirements that we are just learning about.
ISSUES ANALYSIS
Comprehensive Plan
The property is designated as Low Density Residential in the Comprehensive Plan
Proposed Land Use Map. The single-family house and transient lodging/short term
rental is consistent with the Comprehensive policies related to low density land use.
Zoning
The property is zoned R-1 Single Family Residential District. Single family dwellings and
their accessory structures are permitted uses in that District. Section 401.15.M.4 of the
Zoning Ordinance provides an allowance for transient lodging/short term rental as a
Conditional Use Permit. In that this request is a home occupation business, a Home
Occupation Permit must also be issued. The criteria for transient lodging/short term
rental within the Zoning Ordinance is found as follows.
Conditional Use Permit Review and Criteria:
Section 401.15.M.4.a provides criteria for review:
a. General Provisions. Only a detached single family home may be utilized for
transient lodging consistent with the terms and conditions found herein:
1) The facility shall have a State issued license for lodging and/or food
service, and /or comply with and maintain all health, safety, building
and fire codes as may be required or applicable by the Building
Official. The owner is responsible for ensuring the facility is code
compliant.
Comment: The owner will be required to maintain all required licensing,
including a home occupation permit from the City of Oak Park Heights and
ensure that the facility is code compliant.
2
2) The owner may or may not occupy the structure while such facility is
being utilized as a transient lodging facility. There shall be a limit of
three (3) transient guests per bedroom and a limit of three (3)
bedrooms for transient lodging in the facility.
Comment: The facility has two bedrooms and accommodates four
guests.
3) All bedroom units shall be established within a principal structure or
accessory structure.
Comment: All bedrooms are within the principal structure.
4) No transient lodging facility shall be located closer than at least five
hundred (500) feet from other bed and breakfast facilities and/or
transient lodging as measured from property lines.
Comment: A map has been provided in the Exhibits indicating that the
transient lodging/short term rental facility is conforming with the distance
requirement.
5) Dining and other facilities shall not be opened to the public but shall be
used exclusively by the registered guests of the facility.
Comment: No dining is provided as part of this rental.
6) Two (2) off-street parking spaces shall be provided for the facility use
plus one (1) for each bedroom over two (2) bedrooms. No parking
spaces shall be located in the front yard of the property, other than on
an existing driveway. All parking areas shall be improved with asphalt,
concrete or materials suitable to control dust and drainage as
approved by the City Engineer.
Comment: There is adequate space in the paved driveway to allow four
cars. The guests should be directed to utilize the driveway only and not
park on the street.
7) All signing and informational or visual communication devices shall be
in compliance with Section 401.15.G if this Ordinance and/or as may
be restricted by the City Council.
Comment: A small, compliant sign is used for the business.
8) Adequate lighting shall be provided between the principal structure and
the parking area for the safety of the guests.
Comment: There is adequate lighting for guests.
3
9) Any excessive occupant noise reported to the City and in violation of
City Code shall receive a warning on the first offense and a citation on
the second. Continued citations shall be grounds for the suspension or
revocation of use permits by the City Council.
Comment: The Applicant shall be required to comply.
10)All transient lodging conditional use permits may be reviewed,
including site inspections, by the Building Official at any time. If
violations of the City Ordinance, Building Code, Fire Code or
conditions of approval are found, the City Administrator shall schedule
a public hearing of the City Council to review the conditional use permit
and conditions. Upon review, the City Council may revise or cancel
the conditional use permit.
Comment: The Applicant shall be required to comply.
11)Any applicable lodging or room tax as established by City Ordinance
shall be paid by the owner of the property to the City.
Comment: The Applicant shall be required to comply.
Section 401 .03.A of the Zoning Ordinance provides the follow general criteria for
Conditional Use Permit review:
1. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is
proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the
property.
8. The impact upon existing public services and facilities including parks, schools,
streets, and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
Comment: The Planning Commission should comment if any of these criteria
will be at odds with the transient lodging/short term rental unit in this property.
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permit to allow for transient
lodging/short term rental at 13891 56th Street North, the following conditions are
proposed:
4
1 . The owner will be required to maintain all required licensing, including a
home occupation permit from the City of Oak Park Heights.
2. There shall be a limit of three (3) transient guests per bedroom for the
transient lodging/short term rental unit.
3. Dining, if provided, and other facilities shall not be opened to the public but
shall be used exclusively by the registered guests of the facility.
4. The guests shall be directed to utilize the driveway only and not park on
the street.
5. Any excessive occupant noise reported to the City and in violation of City
Code shall receive a warning on the first offense and a citation on the
second. Continued citations shall be grounds for the suspension or
revocation of use permits by the City Council.
6. All transient lodging conditional use permits may be reviewed, including
site inspections, by the Building Official at any time. If violations of the
City Ordinance, Building Code, Fire Code or conditions of approval are
found, the City Administrator shall schedule a public hearing of the City
Council to review the conditional use permit and conditions. Upon review,
the City Council may revise or cancel the conditional use permit.
7. Any applicable lodging or room tax as established by City Ordinance shall
be paid by the owner of the property to the City.
8. Any other conditions of the Planning Commission, City Council and City
Staff.
C: Julie Hultman
5
en(4.I
Hi Julie,
We are the Warners who received a letter from you over the weekend with concerns about our
business. We are currently running an Airbnb in the lower level of our home. We offer maximum of 4
• guests and are screened through AIRBNB before booking. We only have 1 car in our driveway, 90%of
the time. If they come with 2 cars they are asked to park on the street during authorized months
otherwise they can also park in our driveway. We don't provide any other services except for the cost of
lodging.
Last January I had called the city to see what guidelines we needed to consider before we moved
forward with our business plan. I spoke with someone that told us it was perfectly fine to go ahead with
our business in our home, no restrictions in OPH.
The women we spoke to on the phone, suggested perhaps we'd want to ask our neighbors but it wasn't
necessary to do so. We did chat with several of our neighbors and they were more than happy to see us
succeed.
We understood Stillwater had restrictions and guidelines to opening this type of business, but OPH did
not.
Now we realize we should have gotten this in writing, our mistake there.
We are prepared to meet all requirements and regulations so we can proceed in our business.
This is our retirement income and nothing more. This was absolutely not intentional to run a business
against city ordinances. My husband and I have ran businesses for 30 years. We have met all codes and
guidelines other than the city requirements that we are just learning about.
The letter that was sent, mentioned to seize all bookings in a couple of weeks, However we are booked
thru October.
AIRBNB will charge us a hefty fee to cancel on already confirmed reservations. This would be devastating
to us financially and for the customers.
I hope we can get something resolved asap.
We'd love to meet with you immediately if possible. Please let us know what would be our next step.
Sincerely
Kim & Keith Warner
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Entire guest suite in Stillwater, Minnesota
4 Guests 2 bedrooms 2 beds 1 bath
About this space
Entire lower level of home is yours with a private entrance.
Welcome to Loons Nest!
Located minutes from Stillwater... the 1848 Birthplace of Minnesota located on the
scenic St. Croix River! A place where authentic paddle wheel riverboats and gondolas
glide the waters. Historic Main Street shopping, dining, lodging and entertainment are
yours inside this charming town.
Beautiful Stillwater is a short drive from the Twin Cities of Minneapolis/St. Paul and
Wisconsin border.
The space
Spending cozy nights in our cabin inspired lower level apartment.
Nature comes indoors with spacious 2 bedrooms, 1 bathroom, kitchenette and living
room with a fireplace. An air mattress or 2 single cots are available for children as
additional guests.
Enjoy campfires on your private patio.
Guest access
Free parking in driveway and a quick walk down the sidewalk leads you to a private
entrance. The entire lower level apartment is yours to enjoy.
Other things to note
We, the owners, reside upstairs along with our 2 indoor cats, Lucy & Charlie Brown.
Please reconsider your stay if you have any allergies. Your pets allowed with permission
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Julie Hultman
From: Richard GackeglIMENIMIEM
Sent: Thursday, August 1, 2024 12:01 PM
To: Julie Hultman
Subject: Conditional use permit to allow Airbnb at 13891 56th ST N
The existing neighborhood is zone R1 and we expect it to stay as is. We firmly believe that a "short term rental" is not
something we need or want in our neighborhood.
Apparently the property has already been renting the unit as we can see 27 reviews posted in the Airbnb web site. This
explains the additional traffic coming and going from that end of the cul de sac. Most are driving in excess of the posted
25 mph speed.
We believe allowing short term rentals in owner occupied neighborhoods is not in the best interest of this neighborhood
and the City of Oak Park Heights.
We are adamantly opposed to this request.
Please forward to all planning commission members as we cannot locate individual emails.
Thank you,
Richard & Vickie Gacke
13964 56th ST N
Sent from my iPad
1