Broken Arrow City Council
Meeting of: 1-3-2023
Title:
title
Consideration, discussion and possible approval of SP-000310-2022, 1204 W San Antonio, 0.2 acres, request for a Specific Use Permit for a Type 2 Short Term Rental, one-third mile north of Washington Street (91st Street), one-third mile west of Elm Place (161st E. Avenue)
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Background:
SP-000310-2022 is a request for a Specific Use Permit for a “Type 2” Short Term Rental on property located one-third mile north of Washington St (91st St), one-third mile west of Elm Pl (161st E Ave) at 1204 W San Antonio St. The property has been platted as Lot 18, Block 5 of Vandever Trails, and is zoned R-3 (Single Family Residential).
Type 2 Short Term Rentals are permitted in the R-3 district with a Specific Use Permit approved by City Council. A short-term rental license is required for each year of operation. With a Type 2 Short Term Rental, up to six individuals or two families are permitted to stay up to 30 days. According to the Zoning Ordinance, one guest room may be permitted for each 2,000 square feet of lot area for a Type 2 Short Term Rental, up to a maximum of four guest rooms. This property has 8,496 square feet of lot area and three guest rooms.
With Type 2 Short Term Rentals, one parking space is required for each guest room, and one for the owner-operator. With three guest rooms, four parking spaces are required for this property. Parking for this house includes a two-car garage and three spaces in the driveway.
The applicant has submitted information via email regarding how they plan to screen potential short-term renters and monitor their activity while renting. The minimum age to book is 25, verified through the AirBnB site. The property is equipped with Ring Doorbell cameras on the front and back. No parties or events are allowed. The applicant lives within 3.5 miles of the property.
SP-000310-2022 was reviewed by the Planning Commission on December 1, 2022. Commissioner Coan stated that he is on the Homeowners’ Association Board for the Vandever Trails subdivision for transparency.
Two residents submitted online forms indicating opposition to the request without any additional comments. One resident submitted comments in the form of a physical letter indicating that they were in opposition to the request.
Three residents submitted forms online stating that they were in opposition to the request with additional comments. One explained their reasoning for opposing the request was due to the HOA’s covenants prohibiting businesses on residential lots in the subdivision. Additionally, they were concerned about potential disorderly behavior and the possibility that the Short Term Rental could be contributing to the shortage of affordable housing. The other two online comments in opposition cited concerns over safety related to guest vetting and unknown people coming and going, and the effect on property values.
Commissioner Townsend asked for clarification about the prohibition of a business on the lot by the HOA covenants. Assistant City Attorney Parker explained that it is immaterial to the discussion at hand as such restrictions are a private matter among property owners. One resident spoke in opposition to the item in person with concerns surrounding the HOA. Chairperson Klempa reiterated what Mr. Parker said previously about HOA restrictions being a private matter that could not be considered by the Planning Commission. The resident acknowledged this.
The applicant explained that property values are not based on whether there is a Short Term Rental in the neighborhood, but rather past sales and the size of the house. She also stated that was never made aware of the existence of the HOA and its restrictions, and that she monitors all rental activity closely to protect her investments. She explained that she has had long term rentals in the past that were heavily damaged by tenants and that her experience with Short Term Rentals has been the opposite.
Staff recommended that SP-000310-2022 be approved subject to the following:
1. SP-000310-2022 shall be only for the current property owner. If ownership of the property changes, the Specific Use Permit for a short term rental shall expire.
After reviewing the information presented in the Staff report and by the applicant, the Planning Commission recommended approval (3-0 - 1 Abstain) of SP-000310-2022 per Staff recommendation.
Cost: $0
Funding Source: None
Requested By: Jill Ferenc, Interim Director of Community Development
Approved By: City Manager’s Office
Attachments: Published Planning Commission Staff report
Case Map
Aerial photo
Comprehensive Plan
Recommendation:
recommend
Approve SP-000310-2022 per Planning Commission and Staff recommendation.
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