HomeMy WebLinkAbout2024-08-27 CC Packet Enclosure G'
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111 Date:August 27, 2024
New Business
TO: Mayor and City Council
FROM: City Planner Scott Richards
AGENDA ITEM: Conditional Use Permit and Home Occupation Permit for Transient
Lodging/Short Term Rental — 13891 56th Street North
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 and Home
Occupation Permit to continue operation of the short-term rental within their home.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS?No
ACTION REQUESTED:
Approve Resolution for Conditional Use Permit
Approve Home Occupation Permit
ATTACHMENTS:
1. Planning Report
2. Resolution
Page 71 of 144
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 5840
Facsimile: 763.427.0520
TPC,j)PlanningCo.corn
MEMORANDUM
TO: Jacob Rife
FROM: Scott Richards
DATE: August 22, 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.
The Planning Commission, at their August 8, 2024, meeting, held a public hearing, took
the applicant's and neighbor's testimony, and after consideration of the application,
unanimously recommended approval with conditions. The recommended conditions are
found below and the in the City Council resolution. Following the Planning Commission
review, and upon suggestion of the City Attorney, a condition has been added related to
requiring payment of the lodging tax for all past rentals and on-going with continuation
of the business.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits — May 21, 2024
PROJECT DESCRIPTION
The project description from Keith and Kimberly Warner is found in Exhibit 1 in the
Planning Report and as follows:
Page 72 of 144
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.
CONCLUSION/RECOMMENDATION
The Planning Commission recommended approval of the request for the Conditional
Use Permit to allow for transient lodging/short term rental at 13891 56th Street North,
subject to the following conditions as follows:
1. The owner shall occupy the subject property while operating the transient
lodging/short term rental unit and 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. Any violations of the
City Ordinance, Building Code, Fire Code or conditions will result in the
owner, at minimum, receiving a written warning. Depending upon the
nature and circumstances of the violation(s), the City Administrator shall
be authorized to schedule a public hearing of the City Council to review
2
Page 73 of 144
the conditional use permit and conditions. Upon review, the City Council
may revise or cancel the conditional use permit.
7. Within 30 days of the approval of this Permit, the Applicants shall provide
documentation of and account to the City for all past gross revenues
obtained by use of the Property for transient lodging purposes since
inception of such activities by Applicants and remit to the City all past due
lodging taxes and fees associated with those past lodging rentals. The
Applicants shall further account and remit to the City on an ongoing basis
all future lodging taxes as required by State statute, City Code, policies,
and procedures.
8. Any other conditions of the Planning Commission, City Council and City
Staff.
C: Julie Hultman
3
Page 74 of 144
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
Page 75 of 144
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e443
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
Page 77 of 144
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Website at Airbnb:
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Page 82 of 144
Julie Hultman
From: Richard GackeillillaillMMIIIM
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
Page 83 of 144
Julie Hultman
From: Jennifer Pinski
Sent: Friday, August 9, 2024 11:45 AM
To: Julie Hultman
Subject: FW: Contact Us (form) has been filled out on your site.
Follow Up Flag: FollowUp
Flag Status: Flagged
Jennifer Pinski, CMC
City of Oak Park Heights
651-439-4439
Original Message
From: donotreply@form.govoffice.com<donotreply@form.govoffice.com>
Sent: Thursday,August 8, 2024 4:34 PM
To:Jennifer Pinski<jpinski@cityofoakparkheights.com>
Subject: Contact Us(form) has been filled out on your site.
Your Site has received new information through a form.
Form: Contact Us
Site URL: www.cityofoakparkheights.com
Name: Tim Hendrickson
Street Address: 13961 56th street n
Phone No.:651-430-2366
Email Address:
Question or Comment: I support the air B and B on 56th street in Oak park heights the home owners are nice people are
on site there has not been any problems at this home. If you read the reviews for this residence it is nothing but good.
Do Not Click Reply -This e-mail has been generated from a super form.
1 Page 84 of 144
Julie Hultman
From: Jennifer Pinski
Sent: Thursday,August 8, 2024 12:09 PM
To: Julie Hultman
Subject: FW: Contact Us (form) has been filled out on your site.
Julie,
Please distribute in your usual manner. Thank you!
Jennifer Pinski, CMC
City of Oak Park Heights
651-439-4439
Original Message
From:donotreply@form.govoffice.com<donotreply@form.govoffice.com>
Sent: Wednesday,August 7, 2024 5:22 PM
To:Jennifer Pinski <jpinski@cityofoakparkheights.com>
Subject:Contact Us(form)has been filled out on your site.
Your Site has received new information through a form.
Form:Contact Us
Site URL: www.cityofoakparkheights.com
Name:Jessica Marquardt
Street Address: 13915 56th St N
Email Address:
arquardt@outlook.com Question or Comment:Comment regarding planning commission and
Airbnb on 13891 56th St N: we are neighbors residing next door to the east at 13915 56th St N. Being next door to this
residence in which guests are coming and going has not been an issue.There have been no incidences of noise or
unwanted guests.All parties have been respectful and quiet. Most days they are not there due to tourism to the area
and exploring Stillwater. Thanks! Jessica and Jonathan Marquardt.
Do Not Click Reply-This e-mail has been generated from a super form.
1 Page 85 of 144
Julie Hultman
From:
Sent: Thursday, August 8, 2024 10:07 AM
To: Julie Hultman
Subject: Air bnb at 13891 56th st n
Hello Julie,
We are not able to attend the public hearing today regarding the Airbnb across from our house. I
know we have exchanged a few emails and you are aware of our concerns. I also talked to Jacob
Rife about a week ago and voiced my concerns to him. I thought I would send one more email.
When I look on the internet about hosting an Airbnb a lot of information comes up. One is
"communicate effectively with your neighbors", let them know about your plans about running an
Airbnb and reassure them that you're aware of potential issues and have plans to manage them. This
was never done. There is a constant flow of new cars and people! I watched one guest bring their
own guests so now we have their friends cars parked up our street. I saw Ubers bring visitors to the
guest staying at the Airbnb. The Warner's allow dogs to stay at the Airbnb, so we also have strange
dogs in our neighborhood. We also make sure our garage door is down all the time because we are
not sure what new stranger might be looking in it. We feel that they are exploiting our quiet
neighborhood for their own personal gain. Their website also tells their guests that it is ok to park in
the middle of the cul-de-sac, how is this being considerate to their neighbors.
Could you please forward this email to the planning commission members.It's just way too much
traffic for a small street and quiet cul-de-sac.!
thank you for your time
Lynn and Chris Diederich
Page 86 of 144
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Page 87 of 144
Ow of 0a~Heigtib
City of Oak Park Heights Planning Commission
8/6/2024
This in response to the letter that was sent out about the public hearing for transient
lodging at 13891 56th ST North.
I live at 13991 56t"ST North my name is Tim Sheridan, I would hope you consider my
opinion, I am not in favor of a conditional use permit that would allow any short-term rental
in our neighborhood.
Thank you for your service to our community. If you have any questions, please feel free to
contact me.
Tim Sheridan
she_ricianat@Bot.com
952-232-9150
-k 8/( /2° 2 4
RECEIVED
AUG - 6 2024
ay Of Oak PIA eoktis
•aye ::o 4
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY KEITH AND KIMBERLY WARNER AT 13891 56TH
STREET NORTH FOR A CONDITIONAL USE PERMIT TO
ALLOW FOR TRANSIENT LODGING/SHORT TERM RENTAL AS
A HOME OCCUPATION, BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Keith and
Kimberly Warner for a Conditional Use Permit to allow for transient lodging/short term
rental as a home occupation at 13891 56th Street North; and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights
recommended the application with conditions. The City Council of the City of Oak Park
Heights makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned R-1 Single Family Residential District. The
transient lodging/short term rental requires a Conditional Use Permit as a home
occupation under Section 401.15.M.4 of the Zoning Ordinance; and
4. The subject property is owner occupied and the transient lodging/short
term rental unit is in the lower level of the single family structure; and
5. The applicants offer a unit for a maximum of four guests who are screened
before booking. There are no other services provided except for lodging; and
Page 89 of 144
6. City staff prepared a planning report dated July 31, 2024, reviewing the
request for transient lodging/short term rental as a home occupation at 13891 56th Street
North; and
7. Said report recommended approval of the Conditional Use Permits subject
to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at the August 8, 2024,
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application with conditions.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Keith and Kimberly Warner for a Conditional Use
Permit to allow for transient lodging/short term rental as a home occupation at 13891 56th
Street North, and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The owner shall occupy the subject property while operating the transient
lodging/short term rental unit and shall 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. Any violations of
the City Ordinance, Building Code, Fire Code or conditions will result in
the owner, at minimum, receiving a written warning. Depending upon the
2
Page 90 of 144
nature and circumstances of the violation(s), the City Administrator shall
be authorized to 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. Within 30 days of the approval of this Permit, the Applicants shall provide
documentation of and account to the City for all past gross revenues
obtained by use of the Property for transient lodging purposes since
inception of such activities by Applicants and remit to the City all past due
lodging taxes and fees associated with those past lodging rentals. The
Applicants shall further account and remit to the City on an ongoing basis
all future lodging taxes as required by State statute, City Code, policies,
and procedures.
Approved by the City Council of the City of Oak Park Heights this 27th day of
August 2024.
Mary McComber, Mayor
ATTEST:
Jacob Rife, City Administrator
Page 91 of 144
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Page 92 of 144