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Department Report 04-26-212 of 19 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING DEPARTMENT REPORT MONDAY, APRIL 26, 2021 (SE) Davis Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR unit: 2. Docket No. PZ-2020-00181 SE UDO Section 2.07 Permitted Uses, Residential Special Exception. The site is located at 3870 Coventry Way (Brookshire Subdivision, Lots 316 & Part 317). It is zoned R1/Residence. Filed by Suzan Davis, owner. General Info & Analysis: The Petitioner seeks approval to rent out rooms in a 4-bedroom house in order to operate a Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway, etc.) Per the zoning ordinance, a residential special exception approval from the BZA Hearing Officer is required for STRR’s located in the R1/Residence zoning district. The site is located just south of 126th Street, in the neighborhood just south of Mohawk Trails Elementary School. Single family homes surround the subject property. The property owner does plan to be in the house when rooms are rented out. Please see the Petitioner’s info packet for more detail on the special exception request. The lot is located close to the perimeter of an established single-family neighborhood that is located south of Mohawk Trails Elementary School. The site is located on a cul-de-sac, just off the neighborhood’s main entrance. There is a homeowner’s association, and they have approved her request, subject to her being in the home while the rooms are rented out. On-street parking is allowed in the neighborhood, but the Petitioner also has a long, wide driveway. The Carmel Unified Development Ordinance (UDO) defines Short Term Residential Rental Unit as: A Dwelling, or portion thereof, that is rented or leased to transient guests by a Permanent Resident of the Dwelling for a period of less than thirty (30) consecutive calendar days. The short term residential rental ordinance was adopted by City Council in January 2018, under ordinance Z- 629-17. In addition, City Council adopted resolution CC-12-02-19-03 which allows for 30 specific dates in 2020 where this STRR ordinance will not be enforced (freebie dates), such as most major holiday weekends. (No resolution was passed this year, due to the Covid-19 pandemic.) Under UDO Section 5.72.A, the purpose of the ordinance is to benefit the general public by minimizing adverse impacts on established residential neighborhoods and the owners and residents of properties in these neighborhoods resulting from the conversion of residential properties to tourist and transient use. UDO Section 9.08 states that a Special Exception shall be considered as an exception to the uses allowed under the UDO, and thus the original application for a Special Exception shall not generally be entitled to favorable consideration; however, an application for the renewal of a Special Exception shall generally be entitled to favorable consideration. UDO Section 9.08 lists out the criteria for the Basis of Review and for the Basis of Approval or Rejection: Basis of Review: A Hearing Officer, in reviewing a Special Exception application, shall consider the needs and circumstances of each application and shall examine the following items as they relate to the proposed Special Exception: 1. Surrounding zoning and land use; 2. Access to public streets; 3. Driveway and curb cut locations in relation to other sites; 4. Parking location and arrangement; 3 of 19 5. Trash and material storage; 6. Necessary exterior lighting; and 7. Protective restrictions and/or covenants. Basis of Approval or Rejection: A Hearing Officer, in approving or rejecting a Special Exception application, shall base his or her decision upon the following factors as they relate to the above listed items (Basis of Review) concerning the proposed Special Exception: 1. The economic factors related to the proposed Special Exception, such as cost/benefit to the community and its anticipated effect on surrounding property values; 2. The social/neighborhood factors related to the proposed Special Exception, such as compatibility with existing uses in the vicinity of the premises under consideration and how the proposed Special Exception will affect neighborhood integrity; and 3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in and around the premises upon which the Special Exception is proposed. The Petitioner addressed all the planning/zoning review comments related to the Special Exception process. Petitioner’s Findings of Fact: The BZA Attorney will write up the negative Findings of Fact, if the petition is denied. Recommendation: Per the UDO’s direction, the Planning Dept. cannot be supportive of this residential special exception request. The Dept. of Community Services recommends negative consideration of PZ-2020-00181 SE. (Please note that if the petition is approved, the approval is only valid for one year.)