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HomeMy WebLinkAbout040523 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES April 5, 2023 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz at 7:00 p.m. Members Present: Jodi Kurtz, Paul Scanlan, David Schindler, Phil Mahowald, Becky Sandahl and Jeff Prewitt Member(s) Absent: Keith Diekmann City staff members attending: Planner Alex Sharpe, Community Development Director Tim Benetti, City Attorney Sharon Hills, and Department Assistant Breanna Vincent. 2. APPROVAL OF AGENDA Chair Kurtz asked if there were any changes to the agenda. – None. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the agenda. Roll call vote: Ayes - 6 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of March 17, 2023 MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, approving the minutes of the meeting of March 15, 2023. Roll call vote: Ayes – 6 – Nays – 0. 4. PUBLIC HEARING No public hearings. 5. LAND USE A. Dicks Valley Service Planner Sharpe provided a brief presentation. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of a conditional use permit for exterior storage on Outlot C, Apple Valley Wasatch. Roll call vote: Ayes – 6 – Nays – 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 5, 2023 Page 2 of 5 MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of a site plan and building permit authorization for a 15,488 sq. ft. mechanics garage and office. Roll call vote: Ayes – 6 – Nays – 0. B. Short-Term Rental Ordinance Planner Sharpe provided a brief presentation. Commissioner Mahowald questioned the need for ordinance change and stated that a prohibition is likely not necessary. The business type fits well for neighborhoods. Planner Sharpe stated that comments would be forwarded to City Council. Commissioner Scanlan asked if there have been issues with police activity. Planner Sharpe stated that there are ongoing Code Enforcement cases with specific complaints. Code Enforcement is not a proactive department and is only complaint driven. Commissioner Scanlan asked if the City is looking to not change anything, but rather clarify the existing ordinance. Planner Sharpe stated that is correct. Commissioner Schindler shared that previously he had a negative experience with a long- term renter as his neighbor. Commissioner Schindler stated that people using short-term rentals want a home type feeling with more privacy, which hotels do not offer. There is a higher likelihood of property upkeep for those who operate short-term rentals as they want their home to be more attractive to prospective renters. Short-term rentals can help single individuals own homes. Commissioner Schindler stated that there is a benefit in knowing your neighbors but with the current market and people needing to increase income, it may not be possible. Chair Kurtz stated that she would want to know who is staying her neighborhood. Commissioner Prewitt said that he can see both sides of the issue and asked if permits or regulations could be considered as an option. Planner Sharpe advised that there has been no directive from City Council to do this. Commissioner Sandahl stated that more direction is needed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 5, 2023 Page 3 of 5 City Attorney Hills advised that at this time City Council has directed the Commission to clarify the existing ordinance. Planning Commission can make a recommendation to request City Council to study more in-depth. City Attorney Hills also stated that the City Council did discuss short-term rentals in 2017. Commissioner Sandahl stated that with all the different opinions, it may be helpful to study the issue in-depth. Commissioner Mahowald said that he understands that complaints are confidential but there is a difference between a complaint arising simply because the short-term rentals are not allowed as opposed to it being an issue with police or safety issues. Commissioner Mahowald mentioned that at the public hearing, there was an experience on Doyles Court and the homeowners shared that they were able to learn from their mistakes and successfully operate their short-term rental without issue. Commissioner Mahowald stated that further study is warranted. Commissioner Scanlan asked if the City is the petitioner on this item and if there is no timetable for making a vote. Planner Sharpe stated that is correct. There is no timetable. Commissioner Scanlan stated that it has been 6 years since this issue was last looked into and it may be beneficial to request more study. City Attorney Hills recommends that the issue not be tabled but rather act on the ordinance so that the City Council knows what the position of the commissioners is and then make a motion to recommend that the issue be further studied. A recommendation needs to go to Council in order for them to make a decision. Chair Kurtz asked if there was anyone from the public who had any new information to share regarding this issue. Resident Bonnie Brueshoff (13141 Doyles Court) shared that there are four homes in her court and when one has been turned into an Airbnb, there is a loss of 25% of your neighborhood. There is a lot of coming and going for people in the home. Neighbors never know what types of activities are going on and there is a level of disturbance with having a short-term rental in the neighborhood. Mrs. Brueshoff wants to keep the sense of community. Resident David Greenawald (5860 131st St W) stated that he lives adjacent to the Doyles Ct. Airbnb and shared that he has had no problem with the short-term rental. Mr. Greenawald said that the property has been maintained and managed well and he does not CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 5, 2023 Page 4 of 5 believe people should be told what to do with their property. Mr. Greenawald stated that at the public hearing a resident mentioned there being 15 cars in the cul-de-sac and he believes that was fictitious as he has never witnessed an excess of cars other than when the owners are present to take care of the property. Resident Austin Lewis (14019 Flagstone Trail) shared that he and his wife have been operating a short-term rental for the last 3 years in a portion of their home. Prior to starting the Airbnb, they spoke with their neighbors and no one expressed any concern. There have been zero complaints about his property and they keep up with maintenance in order to have their home be most appealing. Mr. Lewis also shared that he operates a short-term rental in Burnsville and prior to starting it, they had to fill out an application and they also pay a 3% lodging tax in addition to the fees/taxes charged by Airbnb. The process was simple and adjacent neighbors needed to be made aware of the short-term rental. They have had zero issues with that property as well. Operating these short-term rentals has been a great opportunity for his family and allowed his wife to stay home with their 4 children while still generating income. The maintenance of the property has become a learning experience for his children. Their most recent guests were an elderly couple who were moving from Oklahoma into an assisted living facility that did not have vacancy yet. Commissioner Schindler asked if neighboring communities were looked at. Planner Sharpe stated that was not an item of the public hearing. Surrounding communities do have some regulations and Eagan completely disallows it. MOTION: Commissioner Scanlan moved, seconded by Commissioner Kurtz, approving the draft ordinance amending zoning code 155.003, 155.363, and 155.382 as presented in the staff report. Roll call vote: Ayes – 3 – Nays – 3. The motion does not carry as there is a tie vote. A new motion is proposed. MOTION: Commissioner Mahowald moved, seconded by Commissioner Scanlan, to request that this issue be studied further for potential benefits to the community as well as the adverse impacts and to examine what neighboring cities have done in regard to short-term rentals and potential regulations that could be put in place. Roll call vote: Ayes – 5 – Nays – 1. 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is scheduled for Wednesday, April 19, 2023, 7:00 p.m. The next City Council meeting is Thursday, April 13, 2023, 7:00 p.m.