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CC 2022-02-08 Appeal Case 21-007CONSIDERATION OF APPEAL CASE NO. 21-007; LOCATION – 1562 STRAWBERRY AVENUE 2/9/2022 1 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 2/9/2022 2 2/9/2022 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 3 2/9/2022 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 4 2/9/2022 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 5 2/9/2022 Three primary concerns: Due Process Performance Standards Planning Commission not addressing material errors in application Basis of the Appeal 6 2/9/2022 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 7 2/9/2022 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 8 2/9/2022 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 9 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 10