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HomeMy WebLinkAbout02-17 BOS Staff ReportCONDITIONAL USE PERMIT #02-17 SALVATORE CARRANO - AirBnB Staff Report for the Board of Supervisors Prepared: March 30, 2017 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide inform ation to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 03/15/17 Recommended Approval Board of Supervisors: 04/12/17 Pending EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 04/12/17 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a Rooming House (AirBnB). Should the Board of Supervisors find this application for a rooming house to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. No more than one room rented at any given time. 3. No employees, other than those residing on the premise, are allowed with this use. 4. No signage allowed with this use. 5. Any expansion or modification of this use will require the approval of a new CUP. Staff further recommends the Board of Supervisors consider an additional condition noting that at such time the owner sells the property at 132 Seabreeze Lane, the CUP is no longer valid for the address. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #02-17, Salvatore Carrano (AirBnB) March 30, 2017 LOCATION: This property is located generally south of Valley Mill Road, immediately west of Brookland Lane at 132 Seabreeze Lane, Winchester, Virginia in the Windstone Community. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 54I-7-1-90 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential (Townhome) ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Vacant/Open Space Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Vacant/Open Space PROPOSED USE: A rooming house (AirBnB rental) with one (1) bedroom being designated as a short-term rental for out-of-town guests. REVIEW EVALUATIONS: Virginia Department of Transportation: This office has no objection to the proposed conditional use. Frederick County Inspections: Building shall comply with the 2012 Virginia Property Maintenance Code. A building permit is required to add an additional bedroom to the Certificate of Occupancy. Proprietor occupied bed and breakfast and other transient boarding facilities not more than three stories above grade plan in height, that are also occupied as the residence of the proprietor, with a maximum of five guest room sleeping units provided for the transient occupants are permitted to be classified as either Group R-3 or R-5 provided that smoke alarms are installed in compliance with Section 907.2.11.2 for Group R-3 or Section 314 of the IRC for Group R-5. (R-5) Smoke alarms shall be listed and labeled in accordance with UL 217 and shall be installed in the following locations:  In each sleeping area  Outside each separate sleeping area in the immediate vicinity of the bedrooms  On each story of the dwelling, including basements and habitable attics Page 3 CUP #02-17, Salvatore Carrano (AirBnB) March 30, 2017 Frederick County Sanitation Authority: No comments. Frederick County Fire Marshall: Conditional Use Permit (CUP) approved provided the following are met: There shall be at least one functioning smoke detector in the area(s) that pertain to this CUP. There shall be at least one 5lb. multipurpose ABC fire extinguisher hung and tagged in the area(s) that pertain to this CUP. Planning and Zoning: This application for a Conditional Use Permit (CUP) is in response to a zoning violation complaint of a rooming house (AirBnB rental) that was received by Staff. Obtaining a CUP for this use is an available option to resolve the issue. A rooming house is a permitted use in the RP (Residential Performance) Zoning District with an approved CUP. The Zoning Ordinance defines boarding or rooming houses as a dwelling or part thereof where, for compensation, lodging and /or meals are provided to boarders. The Zoning Ordinance does not specify a restriction on the number of night’s guest may stay. The property is located within the Windstone Subdivision, and is an end unit. The property is surrounded by like dwellings (townhomes) and open (common) space. This proposed use will take place within a three (3) bedroom, 2.5 bath townhome with one (1) room being rented at any given time. The Applicant has two (2) dedicated parking spaces for his unit, and has a dedicated rental room and kitchenette in the walk-out basement reserved for the AirBnB guests. Additional shared visitor parking spaces are also available in the immediate vicinity of the unit. The County’s Building Inspections Department issued a separate Certificate of Occupancy (CO) for this new bedroom (attached), and a letter of support from the Windstone Homeowners Association (HOA) has also been provided (attached). The Applicant is also subject to “Hosting Standards” from AirBnB in serving as a “host,” and currently has a five star rating from AirBnB. There will be no outside employees or signage associated with this CUP. The clientele of this use will make a reservation and remit payment via the internet (AirBnB). The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as part of the Senseny Eastern Frederick Urban Area Plan and is to remain residential in nature and is not part of any land use study. Staff further recommends the Board of Supervisors consider an additional condition noting that at such time the owner sells the property at 132 Seabreeze Lane, the Conditional Use Permit is no longer valid for the address. The Applicant would also agree to this Condition. STAFF CONCLUSIONS FOR THE 03/15/17 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: Page 4 CUP #02-17, Salvatore Carrano (AirBnB) March 30, 2017 1. All review agency comments shall be complied with at all times. 2. No more than one room rented at any given time. 3. No employees, other than those residing on the premise, are allowed with this use. 4. No signage allowed with this use. 5. Any expansion or modification of this use will require the approval of a new CUP. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/15/17 MEETING: Staff presented CUP #02-17 at the March 15, 2016 Planning Commission public hearing, noting the site is a suburban single-family attached (SFA) residence (townhome), presently zoned RP (Residential Performance) and the Applicant is seeking a Conditional Use Permit (CUP) for a rooming house/boarding (AirBnB) rental. Staff presented maps identifying the location, an outline of the property, and the proposed illustrative sketch provided by the Applicant, Mr. Klein noted the townhome was and end unit and the Applicant had two designated parking spaces and additional visitor spaces within a short distance of the unit. Staff continued that the property is surrounded by like RP properties, and has open space on two (2) sides. Staff also summarized the proposed conditions, noting the Applicant had agreed to the conditions as presented. Staff concluded that the Applicant had addressed all review agency comments, including getting a separate Certificate of Occupancy (CO) for the rental room, and had addressed all of staff’s requests to come into compliance with the Zoning Ordinance. The Applicant, Salvatore Carrano, made brief remarks, noting he had a former AirBnB guest and neighbor/Homeowner Association (HOA) President in attendance in support of the application. Mr. Carrano noted he was the only resident of the property, lived at the property full-time and was generally home when AirBnB guests were present. Further, Mr. Carrano noted he abides b y the rules set forth by AirBnB and all guests were required to submit their driver’s license and information through the AirBnB website. Additionally, AirBnB hosts are permitted to approve any bookings prior to the reservation being made. One member of the public spoke in support of the application, noting that in addition to being a neighbor of the Applicant, he was also President of the Windstone HOA and that he had no objection to the CUP being requested. The Planning Commission asked Staff if any other rooming houses had been approved. Staff notes that one such case came forward in early-2016 and was denied. However, Staff noted that in this case the owner was renting out multiple bedrooms and that there were objections for neighboring property owners. Staff reiterated they had not received any complaints regarding the application from the immediately adjacent owners. The Planning Commission also asked Staff what is the possibility for other townhomes in the Windstone Community to rent out a room (or Page 5 CUP #02-17, Salvatore Carrano (AirBnB) March 30, 2017 more) in their units. Staff noted that rooming houses/boarding houses require a CUP in the RP District; and that such cases are reviewed on a case-by-case basis, and these would also require public hearings before the Planning Commission and the Board of Supervisors. The Planning Commission voted 6-2-5 (Kenney & Triplett – No; Mohn, Oates, Unger, Dunlap & Molden absent) to recommend approval with conditions of CUP #02-17 for Salvatore Carrano for a rooming house/boarding house (AirBnB). EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 04/12/17 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a Rooming House (AirBnB). Should the Board of Supervisors find this application for a rooming house to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. No more than one room rented at any given time. 3. No employees, other than those residing on the premise, are allowed with this use. 4. No signage allowed with this use. 5. Any expansion or modification of this use will require the approval of a new CUP. Staff further recommends the Board of Supervisors consider an additional condition noting that at such time the owner sells the property at 132 Seabreeze Lane, the CUP is no longer valid for the address. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.