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Case Number: |
BOA-18-900040 |
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Applicant: |
Itzhak Elgrably |
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Owner: |
Itzhak Elgrably |
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Council District: |
2 |
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Location: |
219 Andrews Street |
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Legal Description: |
Lot 17 Thru 22 excluding the East 1.12 Feet of Lot 17, Block 2, NCB 1075 |
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Zoning: |
“MF-33 MLOD-3 MLR-2 NCD-6 AHOD” Multi-Family Martindale Army Air Field Military Lighting Overlay Military Lighting Region 2 Mahncke Park Neighborhood Conservation Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for a special exception, as described in Section 35-374.01, to allow a total of 5 short term rental (Type 2) units.
Executive Summary
The subject properties are located at 219 Andrews Street. The applicant is seeking a special exception to allow for the operation of five (5) Type-2 short term rental units at a multi-family property with a total of 11 units. Type-2 indicates that the owner/operator of the property does not occupy the site as their permanent legal residence. Per the recently adopted code, multi-family properties are permitted to have at least one, and up to 12.5 percent of the units operated as Type-2 short term rentals. No more than 50% of the total units in a multi-family building would be allowed to be short term rental units, as this would constitute a change of use to a hotel.
The first unit is permitted by-right, however the property owner will require the special exception for the remaining 4 units, as this is over the 12.5 percent limitation. There are a total of 11 units within this multi-family building. If this short term rental for 5 units is approved it will make the property be 45 percent out the 50 percent requirement.
Code Enforcement History
No Code Enforcement history exists on the property.
Permit History
The applicant has applied for a new/repair fence permit along the rear and side property lines.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“MF-33 MLOD-3 MLR-2 NCD-6 AHOD” Multi-Family Martindale Army Air Field Military Lighting Overlay Military Lighting Region 2 Mahncke Park Neighborhood Conservation Airport Hazard Overlay District |
Multi-Family Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“MF-33 MLOD-3 MLR-2 NCD-6 AHOD” Multi-Family Martindale Army Air Field Military Lighting Overlay Military Lighting Region 2 Mahncke Park Neighborhood Conservation Airport Hazard Overlay District |
Two-Family Dwelling, Single-Family Dwelling, and Vacant Land |
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South |
“MF-33 MLOD-3 MLR-2 NCD-6 AHOD” Multi-Family Martindale Army Air Field Military Lighting Overlay Military Lighting Region 2 Mahncke Park Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“MF-33 MLOD-3 MLR-2 NCD-6 AHOD” Multi-Family Martindale Army Air Field Military Lighting Overlay Military Lighting Region 2 Mahncke Park Neighborhood Conservation Airport Hazard Overlay District |
Two-Family Dwelling |
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West |
“MF-33 MLOD-3 MLR-2 NCD-6 AHOD” Multi-Family Martindale Army Air Field Military Lighting Overlay Military Lighting Region 2 Mahncke Park Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Mahncke Park Neighborhood Plan and currently designated as “Urban Multi-Family Residential” in the future land use component of the plan. The subject property is located within the boundaries of the Mahncke Park Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Andrews Street is classified as a Local Street.
Criteria for Review
According to Section 35-374.01 of the UDC, in order for a special exception to be granted, the applicant must demonstrate all of the following:
A. The special exception will not materially endanger the public health or safety.
Staff finds that the request to operate the five short term rentals is unlikely to materially endanger the public health, safety, or welfare. The property appears to be well kept, there is ample off-street parking, and nothing about the multi-family complex places it out of character with those in the immediate vicinity. This district has a combination of multi-family dwellings and single-family dwellings. There is nothing obvious that would distinguish a short term rental versus a long term rental at this facility.
B. The special exception does not create a public nuisance.
The operation of these short term rentals are not likely to cause of a public nuisance. Staff can find no record of previous Code Enforcement activities on this property.
C. The neighboring property will not be substantially injured by such proposed use.
The requested special exception is not likely to negatively impact adjacent property owners because the structure is in character with those around it. During field visits staff noted nothing visible from the street that would indicate the presence of a short term rental.
D. Adequate utilities, access roads, storm drainage, recreation, open space, and other necessary faculties have been or are being provided.
During the visit to the site, staff noted that there is plenty of off-street parking for guests of the short term rentals.
E. The applicant or owner for the special exception does not have any previously revoked short term rental licenses, confirmed citations, or adjudicated offenses convictions for violations of Chapter 16, Article XXII of the City Code within one year prior to the date of the application.
The applicant is seeking their first permit for the operation of five Type-2 short term rentals for this property. As such, no previous permit has been revoked.
F. The special exception will not alter the essential character of the district and location in which the property for which the special exception is sought.
The requested special exception is not likely to alter the essential character of the district as the property is still used, primarily, as a multi-family use. From the street, the complex is not unlike other structures in the community.
Alternative to Applicant’s Request
Denial of the requested special exception will result in the property owner not being able to operate the five short term rental units.
Staff Recommendation
Staff recommends APPROVAL of the special exception in BOA-18-900040, based on the following findings of fact:
1. The request meets all approval criteria for the operation of type-2 short term rentals; and
2. The granting of the special exception will not injure the public safety or welfare of the neighboring properties.