File #: 22-028    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 1/3/2022 In control: City Council
On agenda: 1/25/2022 Final action: 1/25/2022
Title: Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning and Zoning Commission and Staff to ADOPT an ORDINANCE Approving a SPECIAL USE in a Class R-4 (Single-Family Residential) District, for a SHORT-TERM RENTAL, for the Property Located at 308 WEST MAYWOOD AVENUE (Parcel Identification No. 14-33-128-002), Peoria, IL. (Council District 2)
Attachments: 1. 17936 ORDINANCE 01252022.pdf, 2. Ordinance for 308 W Maywood Ave, 3. Attachment A to Ordinance for 308 W Maywood Ave, 4. Case Packet for PZ 641-2021, 5. Mtg Minutes for PZ 641-2021

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning and Zoning Commission and Staff to ADOPT an ORDINANCE Approving a SPECIAL USE in a Class R-4 (Single-Family Residential) District, for a SHORT-TERM RENTAL, for the Property Located at 308 WEST MAYWOOD AVENUE (Parcel Identification No. 14-33-128-002), Peoria, IL. (Council District 2)

 

Body

BACKGROUND:  The applicant, Kristin Otto, on behalf of her husband Anthony Bleull, requests to obtain a special use to use an existing single-family dwelling as a short term rental. Renting all or part of a dwelling to transient guest(s) for a period less than thirty (30) consecutive days is considered a short term rental.

 

The dwelling has one bedroom. The proposal is to have no more than two guests. Parking is only available on-street. Waivers from front yard fence standards (height and material) are requested to allow the existing fences to remain. A condition is recommended to repair a section of the chain link fence. The property is in the Center Bluff Neighborhood Association. The Unified Development Code stipulates no more than 3% or 17 special use short term rentals in this neighborhood association. If approved, this would be the second special use approved for a short term rental in the Center Bluff Neighborhood Association.

 

The Planning & Zoning Commission found that the request, in case number PZ 641-2021, met the Findings of Fact and voted 7-0 to approve subject to the site plan and the following waivers and conditions:

1.                     Waiver to permit a 4 foot tall, wrought iron style fence in the front yard. Said waiver applies only to the existing location and length of the fence as identified on the site plan.

2.                     Waiver to permit a 3 foot tall chain link fence in the front yard. Said waiver applies only to the existing location and length of the fence as identified on the site plan.

3.                     Repair the broken and bent sections of the chain link fence.

4.                     Fire extinguishers shall be installed according to the 2018 International Fire Code Chapter 9, Section 906.

5.                     Interconnected smoke alarms shall be installed according to the 2018 International Fire Code Chapter 9, Section 907.

6.                     Carbon monoxide detector shall be installed according to the 2018 International Fire Code Chapter 9, Section 915.

7.                     Additional dwelling units cannot be added to the single family dwelling.

8.                     Occupancy of the short term rental shall not exceed the standards set forth in the Building and Fire Code of two (2) total persons.

9.                     The owner shall obtain and maintain a valid Short Term Rental license from the City of Peoria and the owner shall pay Room Rental Use or Privilege tax to the City of Peoria.

10.                     An approved Special Use is valid for the Applicant only as identified on the special use application submitted to the Planning & Zoning Commission. An approved Special Use shall become null and void upon any change in ownership of the property which results in the removal of all prior applicants. Such change in ownership of the property will require a new special use application and approval.

 

For detailed information, see the attached case packet and meeting minutes from the Planning & Zoning Commission meeting.

 

FINANCIAL IMPACT:  NA

 

NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting):  One public comment was made during the hearing. The comment was in opposition to considering a waiver of front yard fence requirements as part of the special use review. A written comment was received asking that the property be donated for a day care use. Response to the first comment came from staff. Waivers from City Code may be requested through the special use process. To the second comment, the applicant indicated they are not seeking to sell or donate the property.

                     

IMPACT IF APPROVED: The Special Use would be approved subject to the conditions. The property owner would need to obtain a license before operating the short term rental.

 

IMPACT IF DENIED:  The Special use would not be approved and a non owner occupied short term rental use would not be permitted.

 

ALTERNATIVES:  NA

 

EEO CERTIFICATION NUMBER: NA

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Grow Peoria                     

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Reinvest in neighborhoods.                                                               

 

DEPARTMENT: Community Development