HomeMy WebLinkAboutPZ Packet; 08-14-17
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday August 14, 2017 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. July 24, 2017
4. Public Hearings
a. None
5. Business Items
a. VILLAGE PARK PRESERVE FINAL PLAT – A Final Plat request from Pulte
Homes of MN LLC for the 1st addition of Village Park Preserve which includes
36 single family lots of the planned 104 unit residential development.
b. SIGN ORDINANCE - The Planning Commission is being asked to discuss the
current sign ordinance regarding signs along the freeway and monument signs in
developments.
c. AIR BNB – The Planning Commission is being asked to discuss if AirBNBs and
other types of bed and breakfast establishments should be allowed within different
districts than they are currently allowed and if the standards for such uses should
be amended.
6. Updates
a. City Council Updates – 8/1/17 Meeting
i. Variance Amendment for 9359 Jane Road – passed
ii. Hidden Meadows Easement Vacation – passed
iii. Glenwood Homes Variance Request 8690 Lake Jane Trail - passed
Staff Updates
iv. Upcoming Meetings:
August 28, 2017
September 11, 2017
v. MAC CEP Report-none
vi. Comprehensive Plan Update
b. Commission Concerns
7. Adjourn
***Note: Every effort will be made to accommodate person or persons that need special considerations to attend this
meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special
accommodations.
Lake Elmo Planning Commission Minutes; 7-24-17
City of Lake Elmo
Planning Commission Meeting
Minutes of July 24, 2017
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Kreimer, Dodson, Emerson, Williams, Lundquist, Johnson,
Larson and Hartley
COMMISSIONERS ABSENT: Dorschner
STAFF PRESENT: City Planner Becker
Approve Agenda:
The agenda was accepted as presented
Approve Minutes: July 10, 2017
M/S/P: Hartley/Lundquist, move to approve the July 10, 2017 minutes as amended,
Vote: 7-0, motion carried unanimously.
Public Hearing – Shoreland Variance 8690 Lake Jane Trail
Becker started her presentation regarding a request from Glenwood Homes for a
variance from the minimum structure setback standard from the Ordinary High Water
level of a Recreational Development Lake within the Shoreland District to allow the
expansion of a non-conforming structure for the property located at 8690 Lake Jane
Trail N. The applicant would like to add an expansion of the current garage as well as a
porch addition and patio. The current home is setback approximately 75 feet from the
OHW level. The current requirement is 100 feet, so the home is currently non-
conforming. The MNDNR is recommending that if the variance is granted, impervious
surface created by further encroachment is mitigated. Becker stated that the
impervious surface is actually being decreased as the applicant is removing a concrete
area. Therefore staff is not recommending that a rain garden be installed. Staff is
recommending that an escrow be collected based on an estimate of the cost for the
concrete to be removed to ensure that it will be removed as proposed.
Becker went through the 4 findings in regards to the variance that need to be met in
order to grant the variance. These are practical difficulties, unique circumstances,
character of locality and effect on adjacent properties and traffic. There are 2 staff
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Lake Elmo Planning Commission Minutes; 7-24-17
recommended conditions of approval which include a required escrow and that the
applicant obtain all applicable permits.
Dodson is wondering if there is any risk if the City goes against the DNR
recommendation. Becker stated that the DNR is a recommending body, but can appeal
the decision if they feel strongly. Ultimately it is the decision of the City. Dodson also
asked if there were any other recommendations besides a rain garden. Becker stated
that on another variance there was the suggestion to reduce the expansion and to
restore the shore line to the natural condition.
Williams asked if the property owners purchased the house after the shoreland
ordinance went into effect. Williams stated that if the current land owner purchased
the house knowing that it was non-conforming, why is the request for the variance not
due to their own efforts. He feels that if a property owner purchases a property that
has restrictions, he doesn’t feel that meets the requirement of unique circumstances.
Becker feels that the unique circumstances is because of the location of the septic
system.
Hartley is wondering about where the hardship is that didn’t exist when they purchased
the property. Becker stated that the term hardship does not apply anymore.
Morgan Jenkins, Glenwood Homes, stated that the homeowners were under the
impression when they purchased the property that there was only a 75 foot setback vs
100 foot setback. This changed to 100 feet because of the location of the septic.
Jenkins feels that needs of homeowners change over time and they should be able to
use their property to the fullest. The Commission had questions regarding the removal
of the concrete. Jenkins talked about the removal and installation of green space.
Public Hearing opened at 7:20 pm
No one spoke and there were 2 letters in support
Public Hearing closed at 7:20 pm
Ben Pepin, property owner, purchased the home in 2014 as a single person. He was
recently married and their needs have changed.
Williams only concern has to do with the setback and meeting criteria number 2 of
unique circumstances.
Morgan Jenkins stated that they are not going closer to the lake with the project than
they currently are, so it is not a setback issue.
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Lake Elmo Planning Commission Minutes; 7-24-17
Kreimer stated that he feels the project is an improvement to the property, but wants to
make sure that legally they can approve it as having met all of the variance conditions.
Hartley feels that the improvements are not making the non-conformity better. As a
tradeoff for that, they should consider the mitigation features proposed by the DNR.
Emerson doesn’t feel that there should be more restrictions put on something that will
continue to be non-conforming when they are actually improving the property.
Becker stated that anything beyond normal repair to this home would require a
variance. Williams stated in essence any change to the foot print would require a
variance.
M/S/P: Williams/Dodson, move to add 2 additional findings 1) that the proposed activity
does not increase the degree of non-conformity and 2) that the amount of impervious
surface would be decreased as a result of this proposal, Vote: 7-0, motion carried
unanimously.
Williams asked the applicant how big the storage shed and remaining pad will be. The
applicant stated that the shed is 10x12 and the pad is 16x16. Williams asked if the pad
could be reduced. Jenkins stated that they would be willing to reduce that area.
M/S/P: Williams/Lundquist, move to add an additional condition that the applicant will
use either pervious pavers for the patio area or construct a rain garden as
recommended by the watershed district to contain run off from the impervious surface
at the applicants option, Vote: 7-0, motion carried unanimously.
Hartley thinks that the house gutters and rain garden would be a better solution than
the pervious pavers. Emerson does not feel that they work well and are a maintenance
issue. Hartley stated that he has one in his front yard and if they are designed properly,
they work well.
M/S/P: Williams/Lundquist, move to recommend approval of the request for shoreland
variance for the property located at 8690 Lake Jane Trail N, subject to the conditions of
approval as amended and the findings as amended, Vote: 7-0, motion carried
unanimously.
City Council Updates – July 18, 2017 Meeting
i) Easton Village 3rd Addition Final Plat – passed
ii) Easton Village 3rd Addition Developer Agreement - passed
Staff Updates
1. Upcoming Meetings
a. August 14, 2017
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Lake Elmo Planning Commission Minutes; 7-24-17
b. August 28, 2017
2. MAC CEP Report
Commission Concerns
Hartley talked about the meetings regarding the Comprehensive plan as the Planning
Commission representative.
Williams would like to see more effort put in by staff to start looking at items on the
work plan.
Lundquist asked about the proposed cemetery and where that is at or if it is still in the
appeals court. Becker stated that she has not heard of anything further on the issue.
Lundquist feels it would be in the community’s best interest to explore the po ssibility of
a park and ride along 94 somewhere.
Meeting adjourned at 8:12 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
STAFF REPORT
DATE: August 14, 2017
BUSINESS ITEM
ITEM #: 5b
TO: Planning Commission
FROM: Emily Becker, City Planner
AGENDA ITEM: Sign Regulations Discussion
REVIEWED BY: Joan Ziertman, Planning Program Assistant
BACKGROUND:
The City Council discussed the Sign Ordinance at its June 13, 2017 workshop. Areas of concern
included the area allowed for signs along the freeway (10th Street to the I-94 area) and monument
signs in development (the size and number allowed).
ISSUE BEFORE THE COMMISSION:
The Commission is being asked to review the sign ordinance and make recommendation on
changes to be made.
REVIEW/ANALYSIS:
Subdivision Signs. The Commission should consider if additional subdivision signs should be
allowed and if the size allowed is appropriate.
History. In 2015, the City amended its Sign Ordinance to allow each subdivision up to two
subdivision identification signs up to 24 square feet in size. These signs are to be located near
entrances to the subdivision, and one sign may be located along an abutting arterial or major
collector roadway. This was changed from the language below:
21. Real Estate Subdivision Signs. For each real estate subdivision that has been approved in
accordance with the City of Lake Elmo subdivision regulations, a maximum of two (2)
temporary development project identification signs may be located on some portion of the
subject subdivision. Each such sign shall be not more than thirty-two (32) square feet in area.
One additional similar sign shall be permitted for each one hundred (100) lots in the subdivision
in excess of one hundred (100) lots. These signs may be displa yed until a time at which building
permits have been issued for eighty percent (80%) of the lots in the subdivision. Signs
advertising sale or lease after such time shall conform to the requirements of subsection (18) of
this section.
Signs South of 10th Street to I-94. Currently, the City allows the following area for ground signs,
based on the speed limit and number of lanes of the street to which the sign is adjacent. However,
Planning Commission – Staff Report Business Item #5b
Meeting date: 8/14/2017
Page 2
it should be considered that properties that are within close proximity to I-94 but are located on a
street such as Hudson Blvd N, which has a much lower speed limit and only two lanes, may need
a larger sign than what would be allowed on properties adjacent to such a street in order to be
visible from I-94. The Commission should provide input on if taller and larger-sized ground signs
should be allowed on properties near I-94. If the Commission wishes to recommend amending the
size of signs allowed in the area south of 10th Street to I-94, it should consider what height and
maximum square footage should be allowed.
History. The City denied a Zoning Text Amendment application in 2015 that requested allowance
of freestanding and pylon signs on commercial properties within close proximity to Interstate 94.
This proposed Zoning Text Amendment suggested having freestanding and pylon signs on
commercial properties within close proximity to I-94; freeway signs within 150 feet of I-94 ROW;
and would allow such signs not to exceed 150 square feet in area and 25 feet in height. This Zoning
Text Amendment was denied based on the Gateway Corridor Gold Line Bus Rapid Transit (BRT)
Project along Hudson Boulevard planning effort not yet being complete and that the proposed
amendment was not consistent with the City’s goal of maintaining a rural community as guided
by the Comprehensive Plan.
FISCAL IMPACT:
Planning Commission – Staff Report Business Item #5b
Meeting date: 8/14/2017
Page 2
A number of variance requests have been made for larger signs in the area south of 10th Street to I-94, and
requests have been made by some developers to have more subdivision identification signs. These variance
requests or requested flexibility through the Planned Unit Development process generate revenue but also
take up a significant amount of Staff time. Further, allowing better visibility from I-94 for businesses may
attract a better business base in this corridor.
OPTIONS:
The Planning Commission is being asked to review and provide feedback. A formal recommendation to
Council is not required at this time. Staff will draft an ordinance amendment to be brought to the Planning
Commission for review at a later date.
ATTACHMENTS:
Section 154.212: Sign Regulations of the Zoning Code.
STAFF REPORT
DATE: August 14, 2017
BUSINESS ITEM
ITEM #: 5c
TO: Planning Commission
FROM: Emily Becker, City Planner
AGENDA ITEM: AirBNB Ordinance
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The City received an inquiry from a resident who would like to use a property as an AirBNB rental.
The aforementioned property is located within the Rural Single Family (RS) zoning district in
which AirBNBs are not allowed. The subject of allowing AirBNBs within the RS zoning district
was discussed at the July 11th, 2017 workshop, and as a result Staff was asked to explore the option.
ISSUE BEFORE THE COMMISSION:
The Commission is being asked to consider whether AirBNBs (and other types of bed and
breakfasts) should be allowed within different zoning districts than they are currently and if the
standards for such uses should be amended.
REVIEW/ANALYSIS:
Definition. The Zoning Code defines a bed and breakfast as a private, owner-occupied residence
that contains no more than five (5) guestrooms where lodging, with or without meals, is provided
for compensation.
Zoning. Bed and breakfasts are currently a conditional accessory use in the Rural Development
Transitional (RT), Agricultural (A), Rural Residential (RR), Medium Density Residential (MDR),
High Density Residential (HDR), Village Mixed Use (VMX), and General Business (GB) zoning
districts. They are not allowed in the Rural Single Family (RS), Residential Estates (RE), Low
Density Residential (LDR), Village Low Density Residential (V-LDR), Limited Commercial
(LC), Convenience Commercial (CC), Commercial (C), or Business Park (BP) zoning districts.
Allowing such a conditional use within the RT, A, and RR zoning districts makes sense from a
planning perspective, as properties within these zoning districts are typically larger (10 acres or
more), and therefore such a use is less likely to create a nuisance to neighboring properties.
Properties within the other rural districts are much smaller, and constant revolving guests could
create a nuisance to an otherwise typically quiet, rural area with smaller lots. However, allowing
such a use for these properties would promote visitors to Lake Elmo and allow residents to better
utilize their properties by allowing guests to stay in areas that could be more attractive (i.e.
Planning Commission – Staff Report Regular # 5c
Meeting date: 8/14/2017
Page 2
proximity to the lake (many of the lakes within the city are surrounded by RS and RE -zoned
properties)) than other larger properties. However, short-term rentals also have the possibility to
contribute to noise, litter, congestion, and the use of on-street parking, increasing likelihood of
nuisance complaints. Properties within the Low Densit y Residential district are even smaller and
therefore the potential to create nuisances such as increased parking and noise is much higher,
though the same goes for properties zoned Medium and High Density Residential. Of the
commercial districts, single-family and multifamily dwellings are only allowed in the Commercial
zoning district as a conditional use, so it makes sense to not allow bed and breakfasts within these
districts.
Standards. The Zoning Code sets forth the following standards for bed and breakfasts:
Bed and Breakfast. The facility shall be located in a single-family detached dwelling.
1. The number of lodging rooms in any building shall not exceed five (5) unless in the opinion of
the Planning Commission and City Council conditions warrant additional rooms.
2. The facility shall maintain a guest register open to inspection by the City.
3. Guest stay shall be limited to seven (7) days.
4. The applicant shall meet all applicable government regulations.
5. The operator shall carry liability insurance, and shall provide proof of such insurance to the
City upon request.
Additionally, parking requirements require 1 space per guest room in addition to dwelling unit
requirements.
Other Cities. An attached article shows some concerns and standards regarding AirBNB rental.
Some key points include:
St. Paul may limit the number of people allowed to stay in a home (Lake Elmo already
does this); how many apartments or condominiums people can rent out in a building;
require payment of sales and lodging taxes, insurance, an annual license fee; require
online sites to give them information about the hosts and audit a sampling of owners for
compliance; and in some cases require a fire certificate of occupancy.
Eagan doesn’t allow them when property owners aren’t present.
Burnsville prohibits them in residential areas.
Duluth requires annual permits.
Stillwater requires lodging tax; a guest disclosure statement to be displayed in a
conspicuous place within the home; licenses (valid for three years) and a Conditional Use
Permit for certain types of licenses. Different types of licenses include a dwelling unit
offered to guests:
o For a period of 30 days or less when the primary resident is present;
o For a period of 30 days or less when the primary resident is not present, and
includes rental of accessory dwelling units and non-owner occupied duplexes;
o For a period of 30 days or less where the owner is not the primary resident.
Standards set forth include parking, length of guest stay, number of guests, guest records,
guest disclosures, license number, proximity of assistance, garbage out of view, no
Planning Commission – Staff Report Regular # 5c
Meeting date: 8/14/2017
Page 2
signage allowed, inspections, and no events allowed. The City presently has limited
resources to address nuisance complaints or any type of regular inspections for these
properties.
FISCAL IMPACT:
If the City chooses to allow bed and breakfasts in more zoning districts, there may be an increase in
conditional use permits, for which the city would receive the applicable land use application fee. If the City
chooses to require licenses and lodging tax for such use, these would be additional revenue sources.
However, such use could also cost additional staff time with enforcement issues.
OPTIONS:
The Planning Commission is being asked to review and provide feedback. A formal recommendation to
Council is not required at this time. Staff will draft an ordinance amendment to be brought to the Planning
Commission for review at a later date.
ATTACHMENTS:
Article: St. Paul and Minneapolis Consider Regulations on Short-Term Rentals Like
AirBNB
Stillwater Short Term Rental Ordinance
VARIETY
St. Paul and Minneapolis consider
regulations on short-term rentals like
Airbnb
The expected flood of visitors to Minnesota during next year's Super
Bowl creates a deadline for cities to establish regulations.
By Jessie Van Berkel (http://www.startribune.com/jessie-van-berkel/280701532/) Star Tribune
APRIL 28, 2017 — 7:16AM
Strangers occupy Doug Beasley’s retreat-like home, tucked in St. Paul’s northwest
corner, for much of the year.
“I love my neighborhood and I love being able to share that with other people,” said the
photographer, who uses Airbnb to rent his St. Anthony Park house when he’s traveling
the world for work or staying at his cabin.
Hundreds of Twin Cities residents use online companies like Airbnb and VRBO to
temporarily fill spare rooms or empty homes. These “hosts” have been renting spaces for
years without city regulations. That is about to change.
St. Paul and Minneapolis are studying rental rules and want to ensure hosts pay taxes
and meet safety guidelines. The expected flood of visitors to Minnesota during next
year’s Super Bowl creates a deadline for cities to establish regulations.
“We want to make sure that we are facilitating tourism and doing it in a good way,” said
Donna Drummond, St. Paul’s planning director.
St. Paul’s proposed rules would limit the number of people allowed to stay in a home
and how many apartments or condominiums people could rent out in a building.
Property owners would have to follow zoning and licensing rules, pay sales and lodging
taxes, have appropriate insurance and, in some cases, a fire certificate of occupancy.
Minneapolis staff plans to present regulations to council members within a few months,
Deputy City Coordinator Nuria Rivera-Vandermyde said. They have been meeting with
St. Paul staff and are looking at similar issues, like tax payment and neighborhood
nuisance concerns, she said.
Some Airbnb hosts are confused by St. Paul’s planned limits on rental units, company
spokesman Ben Breit said.
“We appreciate the hard work of city policymakers to get to this point, though our St.
Paul hosts have concerns with some of the cumbersome requirements of this draft
legislation,” Breit said, and the company will continue to work with the city on the
regulations.
Other Minnesota cities have even more stringent rules on short-term rentals.
Eagan doesn’t allow them when the property owners are not present and Burnsville
prohibits short-term rentals in residential areas. Duluth requires hosts to get $650 or
$100 annual permits, depending on whether they are renting out their full property or
just a room.
St. Paul would make hosts pay an annual license fee. The city hasn’t determined the cost
but doesn’t want it to be a hindrance to people, Department of Safety and Inspections
Deputy Director Dan Niziolek said.
Booking services, like Expedia and Airbnb would have to give St. Paul information about
the hosts, and the city would audit a sampling of property owners for compliance, he
said. The companies would have to remove hosts’ listings if they refuse to comply with
the rules.
St. Paul does not license or permit the rentals, so they are technically illegal, but the city
hasn’t been shutting them down.
(http://stmedia.startribune.com/images/ows_14933471692431
DAVID JOLES - STAR TRIBUNE
Doug Beasley is among the landlords who
might have to register properties if new short-
term rental rules are passed.
Page 1 of 2St. Paul, Mpls. consider regulations on short-term rentals like Airbnb - StarTribune.com
8/3/2017http://www.startribune.com/st-paul-and-minneapolis-consider-regulations-on-short-term-ren...
The City Council created a work group last year to study short-term rentals and come
up with rules. They found that not many people were complaining about the rental
properties, St. Paul Senior City Planner Kady Dadlez said, so the city staff is trying to
keep the regulations minimal.
Weighing pros and cons
St. Paul’s proposed rules would be a big change, Beasley said, but not necessarily a bad
or an unfamiliar one. He also rents out his cabin, and even the small Wisconsin town
where it’s located has regulations.
The change would put short-term rentals on a more level playing field with hotels and
traditional bed-and-breakfast owners, he said.
“I can understand the concern from the hospitality interest in Airbnbs, because there are
so many things we don’t have to do and regulations we don’t have to comply with that
they do,” Beasley said.
At a recent Planning Commission meeting, Dadlez listed pros and cons of the rentals,
noting that they add income for residents and support tourism. They also can contribute
to late-night noise, crime, litter and take up on-street parking, she said.
Those concerns are overstated, Commissioner Bill Lindeke said, and the Airbnb in his
neighborhood is a boon that adds eyes on the street. Commissioner Terri Thao said the
possibility that affordable housing is turned into short-term rentals is “extremely
concerning” and could compound the already tight rental market.
The Planning Commission has not yet voted on the rules and will hold a public hearing
on them June 2. The St. Paul City Council and mayor will likely consider them late this
summer or early fall.
Jessie.VanBerkel@startribune.com
Page 2 of 2St. Paul, Mpls. consider regulations on short-term rentals like Airbnb - StarTribune.com
8/3/2017http://www.startribune.com/st-paul-and-minneapolis-consider-regulations-on-short-term-ren...
ORDINANCE NO. 1093
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
CHAPTER 31, ENTITLED ZONING ORDINANCE
BY ADDING REGULATIONS FOR
SHORT TERM HOME RENTALS
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Definitions
Amend City Code Chapter 31, Section 31-101 Definitions, by adding the following:
119.1. Primary Residence, means the dwelling unit within which a person lives
for six months plus a day during a calendar year.
119.2. Primary Resident, means a person living on a property where the property
is the person’s primary residence.
145.1. Short Term Home Rental, Type A (hosted short term rental), means a
dwelling unit that is offered to transient guests for a period of less than 30
consecutive days, where a primary resident of the property is present
while the transient guests are present.
145.2. Short Term Home Rental, Type B (unhosted short term rental), means a
dwelling unit that is offered to transient guests for a period of less than 30
consecutive days, where the property serves as a person’s primary
residence but a primary resident of the property is not present while the
transient guests are present. This Type B also includes Short Term Home
Rental of any Accessory Dwelling Units, non-owner occupied Duplexes
or “mother-in-law” apartments.
145.3. Short Term Home Rental, Type C (dedicated short term rental) means a
dwelling unit that is offered to transient guests for a period of less than 30
consecutive days, where the property does not serve as a person’s primary
residence
145.4. Short Term Home Rental, Type D (Bed & Breakfast) – see the definition
of Bed & Breakfast in Paragraph 16 of this Definition Section 31-101.
2. Short Term Home Rental Regulations.
Amend City Code Chapter 31 by adding the following Section.
Sec. 31-514.1. Short-Term Home Rental Regulations
Subd. 1. Purpose. The purpose of this Section 31-514.1 is to allow Short Term
Home Rentals where appropriate while mitigating impacts upon surrounding properties
by implementing balanced regulations to protect the integrity of the city’s
neighborhoods as well as protect the general public health, safety and welfare.
Page 2 of 11
Subd. 2. License required. No property may be used for Type A, B or C Short
Term Home Rental unless granted a license by the city. No property may be used for
Type C Short Term Home Rental unless granted a Conditional Use Permit and a license
by the city. No property may be used for Type D Short Term Home Rental (aka Bed &
Breakfast) unless granted a Special Use Permit by the city pursuant to Section 31-504
of this Chapter.
Subd. 3. License application. Any property owner desiring to undertake Short
Term Home Rentals must apply to the community development department for a Short
Term Home Rental License. A license must be approved prior to operating within the
city. The license application request must be submitted on the form prescribed by the
city and must include all the information requested on the application form. The license
application will not be accepted by the city unless an inspection report has been signed
by personnel from both the city’s fire department and building department.
Subd. 4. License fee. The license application form must be accompanied by
payment in full of the required license application fee. The license application fee
amount will be as determined by the city council in the city fee schedule.
Subd. 5. License issuance. The process for review and issuance of a license will
vary depending upon the type of Short Term Home Rental as follows:
A. Type A, Hosted Short Term Home Rentals. Type A Short Term Home
Rentals are required to have an administratively issued license from the city.
1. A Type A Short Term Home Rental license or renewal license will be
issued administratively only if:
i. The licensee certifies on the application form that all applicable
items found in this Section 31-514.1 are satisfied. That includes:
a. Proper zoning as found in Subd. 6; and
b. Performance standards as found in Subd. 7.
ii. The applicant submits a site plan, drawn to scale, showing parking
and driveways, all structures and outdoor recreational areas that
guests will be allowed to use, including, but not limited to,
deck/patio, barbeque grill, recreational fire, or sauna.
iii. The applicant submits a floor plan, drawn to scale, of the home
identifying which rooms will be used as transient guest bedrooms.
iv. The property passes the city inspection (see Section 31-514.1, Subd.
9B) for residential code standards applicable to renting a home on a
short term basis. The list of health and safety items that will be
inspected for this purpose will be included amongst license
application materials so that the property owner will know what
items will be inspected prior to submitting the license application to
the city.
a. An inspection must be completed within 60 days prior to
submission of the license application form.
Page 3 of 11
b. An inspection report must be submitted together with the license
application form and other necessary materials. Without the
inspection report, the license application will not be considered
complete, nor will it be accepted by the city.
c. If the inspection identifies items that must be corrected, all
corrections must be completed and verified by the city prior to
submitting an application for the Short Term Home Rental
license.
2. There shall be no change in the exterior appearance of the home or premises,
or other visible evidence of the conduct of a Short Term Home Rental,
except that additional on-site city code compliant parking may be provided.
3. The licensee must provide proof of sufficient and suitable property
insurance at the time of license issuance, and must be able to confirm that
the coverage remains in place within 24 hours of a city request for
confirmation.
4. Licenses are non-transferable and shall expire upon change of ownership
of the property.
5. A license constitutes a limited license granted to the applicant by the city
and in no way creates a vested zoning right.
6. No more than a total of thirty-five Type A licenses may be valid within the
city at one time.
7. If three substantiated and relevant complaints are received from neighbors
or guests within a 12 month period, the license shall be revoked. The
revocation may be appealed to the city council pursuant to procedures
established in Section 31-217 of this Chapter. If a license is revoked, the
owner is prohibited from making application for another license for any
type of Short Term Home Rental for six months.
8. Licenses are valid for a period of three years. A renewal license must be
applied for every three years.
B. Type B – Unhosted Short Term Rental. Type B Short Term Home Rentals
are required to have an administratively issued license from the city. Prior to
issuing the license, a neighborhood notification is required, as specified below.
1. A Type B Short Term Home Rental license or renewal license will be
issued administratively only if:
i. The applicant submits a site plan, drawn to scale, showing parking and
driveways, all structures and outdoor recreational areas that guests
will be allowed to use, including, but not limited to, deck/patio,
barbeque grill, recreational fire, or sauna.
ii. The applicant submits a floor plan, drawn to scale, of the home
identifying which rooms will be used as transient guest bedrooms.
iii. The licensee certifies on the application form that all applicable
items found in this Section 31-514.1 are satisfied. That includes:
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a. Proper zoning as found in Subd. 6
b. Performance standards as found in Subd. 7
c. Proof of sufficient and suitable property insurance.
iv. No more than a total of thirty-five Type B licenses may be valid within
the City at one time.
v. Notices have been mailed by the city to all surrounding property
owners according to the following standards:
a. 150 feet of all applicant properties zoned RB, CCR, CR, TH,
CTHR, RCL, RCM, RCH, CBD;
b. 200 feet of all applicant properties zoned RA, LR, CTR, TR;
c. 500 feet of all applicant properties zoned AP; and
vi. There are no objections received by the city within ten days of
mailing the notices.
a. If objections are received, then the license request must be
considered by the planning commission.
(1). The planning commission must hold a hearing, to which
neighbors within the above defined notification area are
invited to offer comments.
(2). After considering the license request and hearing
comments from the neighbors, the planning commission
may either approve a one year provisional license, with or
without conditions, or deny the license request.
(3). If there are no substantiated relevant complaints from
neighbors or guests during the provisional year, the permit
will automatically extend two more years. If there are
three substantiated relevant complaints, the provisional
license is automatically revoked and the owner is
prohibited from making application for another license
for any type of Short Term Home Rental for six months.
vii. The property passes the city inspection (see Section 31-514.1, Subd.
9B) for residential code standards applicable to renting a home on a
short term basis. The list of health and safety items that will be
inspected for this purpose will be included amongst license
application materials so that the property owner will know what items
will be inspected prior to submitting the license application to the
city.
a. An inspection must be completed within 60 days prior to
submission of the license application form.
b. An inspection report must be submitted together with the license
application form and other necessary materials. Without the
inspection report, the license application will not be considered
complete, nor will it be accepted by the city.
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c. If the inspection identifies items that must be corrected, all
corrections must be completed and verified by the city prior to
submitting an application for the Short Term Home Rental
license.
2. There shall be no change in the exterior appearance of the home or premises,
or other visible evidence of the conduct of a Short Term Home Rental,
except that additional on-site city code compliant parking may be provided.
3. The licensee must provide proof of sufficient and suitable property
insurance at the time of license issuance, and must be able to confirm that
the coverage remains in place within 24 hours of a city request for
confirmation.
4. If three substantiated and relevant complaints are received from neighbors
or guests within a 12 month period, the license shall be revoked. The
revocation may be appealed to the city council pursuant to procedures
established in Section 31-217 of this Chapter. If a license is revoked, the
owner is prohibited from making application for another license for any
type of Short Term Home Rental for six months.
5. Licenses are non-transferable and shall expire upon change of ownership
of the property.
6. A license constitutes a limited license granted to the applicant by the city
and in no way creates a vested zoning right.
7. Licenses are valid for a period of three years. A renewal license must be
applied for every three years. No neighborhood notification is required for
the renewal of licenses.
C. Type C – Dedicated Short Term Rental. Type C Short Term Home Rentals
are required to have both a Conditional Use Permit and an administrative
license issued by the city. The Conditional Use Permit and initial license may
be processed simultaneously.
1. Conditional Use Permit. The application for the Conditional Use Permit
to operate a Type C Short Term Home Rental must be filed with the city’s
community development department on the applicable form. The
application will be reviewed according to the process established in
Sections 31-204 and 31-207 of this Chapter. In addition, the following
procedures, criteria and conditions shall also apply:
i. The applicant must submit a site plan, drawn to scale, showing parking
and driveways, all structures and outdoor recreational areas that guests
will be allowed to use, including, but not limited to, deck/patio,
barbeque grill, recreational fire, or sauna.
ii. The applicant submits a floor plan, drawn to scale, of the home
identifying which rooms will be used as transient guest bedrooms.
iii. The Conditional Use Permit runs with the land and must be filed in
the property’s chain of title, but since a license is also required for a
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Type C Short Term Rental, possession of a Conditional Use Permit is
not sufficient to operate. Any new owner desiring to operate a Type
C Short Term Rental on property that has an unexpired Conditional
Use Permit filed in the chain of title must also obtain a license from
the city. A Conditional Use Permit expires if a property is not
operated as a Short Term Home Rental for more than a year.
iv. The Conditional Use Permit applicant must certify on the city
application form that all applicable items found in this Section 31-
514.1 are satisfied. That includes:
a. Proper zoning as found in Subd. 6
b. Performance standards as found in Subd. 7
c. Proof of sufficient and suitable property insurance.
v. The property must pass inspection by city building and fire code
inspectors and found to meet the residential code standards applicable
to renting a home on a short term basis (see Section 31-514.1, Subd
9B) prior to holding the public hearing for the Conditional Use Permit.
The list of health and safety items that will be inspected for this
purpose will be included amongst license application materials so that
the property owner will know what items will be inspected prior to
submitting the license application to the city.
vi. No more than a total of fifteen Conditional Use Permits for Type C
Short Term Home Rentals may be valid within the City at one time.
2. License. The application form for the license or renewal license must
certify by the applicant that all applicable items found in this Section 31-
514.1 are satisfied. That includes:
i. A Conditional Use Permit has been issued for the subject property and
is still valid.
ii. The property has been inspected no more than 60 days prior to
submission of the license application by city building and fire code
inspectors and found to meet the residential code standards applicable
to renting a home on a short term basis.
a. An inspection must be completed and the inspection report
submitted together with the license application form and other
necessary materials. Without the inspection report, the license
application will not be considered complete, nor will it be accepted
by the city.
b. If the inspection identifies items that must be corrected, all
corrections must be completed and verified by the city prior to
submitting an application for the Short Term Home Rental license.
iii. Proper zoning as found in Subd. 6
iv. Performance standards as found in Subd. 7
v. Proof of sufficient and suitable property insurance.
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vi. No more than a total of fifteen Type C Short Term Home Rental
licenses may be valid at one time within the City.
3. The license for a Type C Short Term Home Rental may only be issued to
the owner of the property and is not transferable to any other entity.
4. There shall be no change in the exterior appearance of the home or premises,
or other visible evidence of the conduct of a Short Term Home Rental,
except that additional on-site city code compliant parking may be provided.
5. The licensee must provide proof of sufficient and suitable property
insurance at the time of license issuance, and must be able to confirm that
the coverage remains in place within 24 hours of a city request for
confirmation.
6. Type C Short Term Home Rental licenses are valid for a period of three
years. A renewal license must be applied for every three years. The
Conditional Use Permit will not expire unless its use is discontinued for
more than a year.
7. The Type C Short Term Home Rental license is not transferable and shall
expire upon change of ownership of the property.
8. A license constitutes a limited license granted to the applicant by the city
and in no way creates a vested zoning right.
9. If three substantiated and relevant complaints are received from neighbors
or guests within a 12 month period, the license shall be revoked. The
revocation may be appealed to the city council pursuant to procedures
established in Section 31-217 of this Chapter. If a license is revoked, the
owner is prohibited from making application for another license for any
type of Short Term Home Rental for six months.
D. Type D – Bed & Breakfast. Type D Short Term Home Rentals are also known
as Bed & Breakfasts and are required to have a Special Use Permit as regulated
in Section 31-504 of this Chapter.
Subd. 6. Zoning District. Short Term Home Rentals are permitted, with an
approved license from the City of Stillwater, in the following Zoning Districts:
A. Residential Zoning Districts. Type A and B Short Term Home Rentals are
allowed by city license in all Residential Zoning Districts. Type C Short Term
Home Rentals are allowed by Conditional Use Permit in all Residential Zoning
Districts. Type D Short Term Home Rentals (aka Bed & Breakfasts) are
allowed by city license in the RCL Zoning District and by Special Use Permit
in the RB and RCM Zoning Districts
B. Commercial Zoning Districts. Type A, B and C Short Term Home Rentals are
permitted by city license in the CBD Zoning District.
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Subd. 7. Performance standards. Type A, B and C Short Term Home Rentals shall
be subject to the following performance standards. Type D Short Term Home Rentals
shall be subject to the standards found in Section 31-504 of this Chapter.
A. Parking.
1. In residential zoning districts, all guest parking must be accommodated on
improved surfaces on the premises. No on-street parking is allowed for
guests. At a minimum, parking shall be provided at the following rate:
i. 1-2 bedroom unit, 1 space
ii. 3 bedroom unit, 2 spaces
iii. 4 and 4+ bedroom units, number of spaces equal to the number of
bedrooms minus one.
2. In the CBD zoning district, guest parking must either be accommodated on
the property of the Short Term Home Rental dwelling unit, or a parking
mitigation plan must be approved by the Parking Commission.
B. Length of guest stay. The minimum length of stay is one day. The maximum
length of stay is 30 days, since more than that is by definition not a Short Term
Home Rental property.
C. Number of guests. The maximum number of transient guests will be limited
to two times the number of bedrooms plus one.
D. Guest records. The licensee for Type B and C Short Term Rentals must keep
a transient guest record including the name, address, phone number, and vehicle
license plate information for all guests and must provide a report to the city
upon 48 hours notice.
E. Guest disclosures. The licensee must disclose in writing to their transient
guests the following rules and regulations, and must submit a copy of the
disclosure to the city with the license application and renewal applications. In
addition the disclosures must be conspicuously displayed in the home.
1. For Type B and C Short Term Home Rentals, the name, phone number and
address of the owner, operating lessee or managing agent/representative;
2. The maximum number of guests allowed at the property;
3. The maximum number of vehicles allowed at the property and where they
are to be parked;
4. Property rules related to use of outdoor features, such as decks, patios, grills,
recreational fires, saunas and other recreational facilities;
5. City nuisance ordinances will be enforced by the Stillwater Police
Department, including reduced noise levels between 10 PM and 8 AM.
6. No events are allowed to be hosted on the premises.
F. License number. The licensee must post their city license number on all print,
poster or web advertisements.
G. Proximity of assistance. For Type B and Type C Short Term Home Rentals,
the property owner or a manager/representative must be located within 30
minutes travel time of the property. The community development department
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must be notified within 10 days of a change in the managing
agent/representative or their contact information. The licensee must provide
the name, address and phone number for the licensee or managing
agent/representative to all property owners within 150 feet of the property
boundary. The licensee must notify neighboring properties within 10 days of a
change in the managing agent/representation or contact information.
H. Garbage. As required by City Code Chapter 30-1, Subd 5, all garbage must be
kept in rubbish containers that are stored out of view of a public street.
I. Signage. No signage is allowed on the property of a Type A, B or C Short
Term Home Rental. Type D is allowed signage as regulated in Section 31-504
of this Chapter.
J. Events. Events are not allowed to be hosted by transient guests on the premises.
For purposes of this Section 31-541.1, an event means a gathering on the
premises of more than three un-registered transient guests. Events hosted by
the property owner are allowed, but must abide by all applicable city ordinances
and polices, including the prohibition on renting private residential property out
for events.
Subd. 8. Required inspections.
A. Type A, B and C Short Term Home Rentals
1. These types of Short Term Home Rentals are required to have, and pass, a
health and safety code inspection by city building and fire code staff prior
to issuance of a license or renewal of the license.
2. The list of health and safety items that will be inspected for this purpose
will be included amongst license application materials so that the licensee
will know in advance what items will be inspected.
3. Upon receipt of a complaint, the city zoning administrator will contact the
licensee and will determine whether a compliance inspection is required.
B. Type D Short Term Home Rentals (aka Bed & Breakfast)
1. This type of Short Term Home Rental is required to have inspections as
regulated by Section 31-504.
Subd. 9. Limit on number of licenses. No more than a total of thirty-five licenses
may be valid at any one time for Type A Short Term Home Rentals. No more than a
total of thirty-five licenses may be valid at any one time for Type B Short Term Home
Rentals. No more than fifteen licenses may be valid at any one time for Type C Short
Term Home Rentals. Type D Short Term Home Rentals are required to have a Special
Use Permit, but no license is required.
Subd. 10. Sales taxes. In addition to state sales tax, the licensee is required to pay
the city lodging tax.
A. The city lodging tax must be collected and paid either by the web based booking
company that the Short Term Home Rental is listed on, or by the licensee
directly to the city if the Short Term Home Rental does not use a web based
booking service.
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B. The license application must supply information on any web based booking
service(s) used for the licensed property.
C. The licensee, or booking agent on their behalf, is required to pay the city
lodging tax quarterly. If no sales are made during a quarter, a report must none
the less be submitted to the city stating that no sales were made or lodging tax
collected during that quarter.
Subd. 11. Interchangeability. A licensee may use the license to operate any Short
Term Home Rental type equal to or less restrictive than the one for which the license is
issued. Therefore, if an owner is issued a Type C license, the property is permitted to
operate as a Type C, B or A. And, a Type B license allows the owner to operate as a
Type B or A. However, a Type D owner may only operate as a Bed & Breakfast.
Subd. 12. Enforcement.
A. In the event of a violation or threatened violation of this ordinance, the city, in
addition to other remedies, is entitled to seek Injunctive Relief or proceedings
to prevent, restrain, correct or abate such violations or threatened violations.
B. The penalty for violation of this Section 31-514.1 shall be a Misdemeanor.
C. In addition to penalty provisions A and B above, the fine for the first
substantiated and relevant complaint or violation shall be $250. The fine for
the second shall be $500.00. The fine for the third shall be $750.00 and this
third offense shall also result in automatic license revocation.
3. Amend City Code Section 31-315, Allowable Uses in Residential Districts by adding:
ALLOWABLE USES ZONING DISTRICTS
A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM
Bed & Breakfast (Type D Short Term Home Rental) SUP10 P11 SUP
Short Term Home Rental; Type A and B P P P P P P P P P P P P
Short Term Home Rental; Type C CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
P = Permitted use
SUP = Use permitted with a Special Use Permit
CUP = Use permitted with a Conditional Use Permit
A = Accessory use
Blank cell in table means that the use is NOT allowed.
4. Amend City Code Section 31-325, Allowable Uses in Non-Residential Districts by
adding:
ALLOWABLE
USES ZONING DISTRICTS
CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS
Short Term Home
Rental, Type A, B, C P
P = Permitted use
SUP = Use permitted with a Special Use Permit
CUP = Use permitted with a Conditional Use Permit
PUD = Use permitted with a Planned Unit Development Permit
A = Accessory use
ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site
Blank cell in table means that the use is NOT allowed.
Page 11 of 11
5. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect.
6. Effective Date. This Ordinance will be in full force and effect from and after its passage
and publication according to law.
Enacted by the City Council of the City of Stillwater this 2nd day of May, 2017.
CITY OF STILLWATER
_______________________________
Ted Kozlowski, Mayor
ATTEST:
_______________________________
Diane Ward, City Clerk