CC 2022-02-08 Appeal Case 21-007CONSIDERATION OF APPEAL CASE NO. 21-007; LOCATION – 1562 STRAWBERRY AVENUE
2/9/2022
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Project Location
1562 Strawberry Ave
Zoned: Single Family (SF)
Existing development
2,231 sq. ft. residence
Two car garage
Surrounding Uses
Single, Multi-family residential
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In 2013, the City became aware of residents operating short term rentals (STRs)
No regulations in place at that time
Two (2) public workshops, two (2) Planning Commission meetings and one (1) City Council meeting to develop STR regulations
Background
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June 2014 – CC adopted with regulations in response to concerns raised during public review
Ord. 663 went into effect 7/10/2014
Developed by both PC and CC
Compliance with performance standards, adherence to the Conditions of Approval and presence of local contact would minimize adverse impacts
Currently approved:
71 Vacation Rentals
41 Homestays
Ordinance No. 663
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Application submitted Aug. 2, 2021
Initial application deemed incomplete
Initial contact person not within 15 minute drive of property
Second contact person was unwilling to have name and phone number shared with public
Additional documents submitted Sept. 12, 2021 to complete application
Included contact person meeting performance standards
Requested that property manager be listed as secondary contact person
Approved by Community Development Director Sept. 28, 2021
Found to have met all performance standards
Appealed to Planning Commission (PC)
Appeal Hearing on Dec. 7, 2021
Appeal denied by Planning Commission
PC decision appealed to City Council (CC)
Appeal received Dec 20, 2021
Additional documents received Jan 12, 2022, Jan 28, 2022, Feb 3, 2022 and Feb 7, 2022
Plot Plan Review 21-029
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2/9/2022
Three primary concerns:
Due Process
Performance Standards
Planning Commission not addressing material errors in application
Basis of the Appeal
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AGMC 16.16.080.C.6 requires all property owners within 300’ receive notice of approval
September 28, 2021, forty-five (45) property owners sent notice of approval
Following PC hearing, it was determined that eleven (11) property owners were left off of notification list
Each of these property owners were notified of PC and CC appeal hearings
No property owners were deprived of their rights, no prejudicial errors occurred and a different result was not probable if the error had not occurred
Due Process
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Local emergency contact person within 15 minute drive
Must be available by phone 24/7 to receive complaints
Must respond to complaints by phone or in person within three hours between 7am and 9pm
Must respond to complaints by phone or in person within thirty minutes between 9pm and 7am
Failure to respond could lead to revocation of the permit
Neighbors will be notified of any changes to contact person
Applicant provided emergency contact who met required performance standards
Secondary emergency contact provided in an attempt to further assist the neighborhood resolve any potential issues related to the rental
Performance Standards
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Appeal states that PC did not address issues raised during hearing including due process and the listing of a secondary emergency contact
Conducted Public Hearing and heard from public, applicant and appellants
Voted unanimously to deny appeal
Planning Commission Hearing
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2/9/2022
Staff recommends that CC adopt the attached Resolution denying Appeal Case No. 21-007 and approving Plot Plan Review 21-029
Staff believes that the appeal concerns raised are not sufficient to uphold the appeal
Recommended Action
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