HomeMy WebLinkAboutCorrespondence
Shestak, Joe
From:Conn, Angelina V
Sent:Monday, February 04, 2019 10:52 AM
To:'Jennifer Wang'
Cc:Shestak, Joe
Subject:RE: decision post Hearing
Thank you for emailing us, Jennifer.
We have added your correspondence to the BZA file for Docket No. 18120014 SE: Li Short Term Residential Rental.
Also, here are the answers to the questions you asked me over the phone last Friday:
Joe is working on redacting some of the sensitive info that one can see when viewing your petition on laser fiche
online.
Short Term Residential Rental Unit definition: please see Article 11, Definitions, of the UDO – Unified Development
Ordinance.
Permitted Uses: Each zoning district in the UDO lists out whether or not a short term residential rental is a permitted
use, or if it requires a Residential Special Exception approval. (There is also a matrix in Appendix A of the UDO - Land
Use Matrix - Residential Uses (page 365 of the UDO).)
The BZA Rules of Procedure list when you can refile a petition, after it has been denied. (I think it is 6 months from the
date the adverse decision was issued by the BZA.)
Please contact Jon Molitor, BZA attorney, about the status of the Findings of Fact. (JMolitor@prodigy.net or (317) 843-
5511)
Angie Conn, AICP
Carmel Planning & Zoning Dept.
rd
1 Civic Sq. 3 Flr., Carmel, IN 46032
P: 317-571-2417 | W: www.carmeldocs.com
From: Jennifer Wang \[mailto:poshstat@gmail.com\]
Sent: Friday, February 01, 2019 5:52 PM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: decision post Hearing
Hi Angie and Joe,
Please see our decision in the attachment. I was going to make it short but words just poured when I started typing the
letter :) Thank you again for your work on our case!
Have a great day,
Jennifer
Email secured by Check Point
1
Hi Angie,
After discussing with my parents, we have decided not to pursue Appeal on the Short -
term Rental Special Exception. We still believe that Airbnb can bring great benefits to
our community as long as the homeowners are responsible and ensure that the ho use
rules are followed. Airbnb is popular both locally and globally, including approximately
600k listings in the U.S. and will keep growing inevitably.
During the time we operated Airbnb, we kept it low -key, non-disturbing to our neighbors
and had wonderful guests. We didn't cause any noticeable increase in traffic, noises,
parking problems or any safety issues; most neighbors didn't even know our Airbnb until
someone came to their doors and collect their objection signatures. Had any minor
incidence truly happened as accused by the neighbor living next to us, we had put great
efforts to prevent them from happening again including having our guests park on our
driveway and send us ETA so my parents can watch them coming into our
neighborhood and greet them at the door.
There is no direct link between the decline in property value and Airbnb operation as
many neighbors were concerned. What makes the property value goes up are primarily
economic growth, good school district and supportive/inclusive community. The cities
with the highest property values such as San Francisco, Boston and NYC have the
most Airbnb listings in the U.S. In some ways, cities that are friendly to Airbnb see
higher property values.
We were disappointed by the false accusations made by our neighbors w hom we barely
met before. Some even accused us of not living there when my little brother attends a
local K-12 school and takes school bus down the street everyday. Regardless how you
weigh the pros/cons of Airbnb, it's just wrong to accuse others based on no facts and
gossip behind others' back. Instead, the neighbors could have taken some time to talk
to us and learn our experience hosting Airbnb or help us out when we didn ’t meet their
expectations.
Nonetheless, my parents are the most down-to-earth and agreeable people that I've
ever known. In the end, they do not wish to pursue something against our neighbors'
wish and we respect the Hearing Officer's decision. I sincerely thank you and the other
BZA staff for your time and efforts on reviewing our case and addressing our questions.
We all hope a better future for this city we call home!
Best,
Jennifer Wang
Conn, Angelina V
From: John Molitor <jmolitor@prodigy.net>
Sent: Monday,January 28, 2019 4:15 PM
To: Conn, Angelina V
Cc: Hollibaugh, Mike P
Subject: RE: Docket No.Assignment: Li Short Term ResidentialRental(18120014 SE)
In my opinion, it would be acceptable for neighbors to argue in remonstrance that these covenants mean that no
businesses can be operated—that any business uses in this subdivision violate the "single-family residential" restriction.
It would be up to the Hearing Officer to decide who has the better argument. Of course,there could then be an appeal
to the full BZA(and eventually the courts) if someone disagrees with the decision.
John
From:Conn, Angelina V
Sent: Monday,January 28, 2019 4:01 PM
To: 'John Molitor'
Cc: Hollibaugh, Mike P
Subject: RE: Docket No.Assignment: Li Short Term ResidentialRental(18120014 SE)
Thanks,John - and what if the neighborhood covenants also say this: "Section 2.01. General: In every Lot or group of
Lots referred to in these covenants shall be used exclusively for single-family residential purposes." ...Is this anything the
Petitioner needs to be prepared to address?
Angie Conn,AICP
Carmel Planning&Zoning Dept.
From: John Molitor [mailto:jmolitor@prodigy.net]
Sent: Thursday, January 03, 2019 1:20 PM
To: Conn, Angelina V
Subject: RE: Docket No. Assignment: Li Short Term Residential Rental(18120014 SE)
Angie: I didn't find anything in these documents which would relate to rental uses—short term or otherwise.
John
John R. Molitor
Attorney at Law
9465 Counselors Row,Suite 200
Indianapolis,IN 46240-6150
Office: (317)843-5511
Fax: (317)805-4723
Email: jmolitorAprodigy.net
This message is from John R. Molitor,Attorney at Law. This message and any attachments may contain legally privileged or
confidential information,and are intended only for the individual or entity identified above as the addressee. If you are not the
addressee,or if this message has been addressed to you in error,you are not authorized to read,copy,or distribute this message
and any attachments,and I ask that you please delete this message and attachments and notify the sender by return e-mail or by
phone at(317)843-5511. Delivery of this message and any attachments to any person other than the intended recipient(s)is not
1
Conn, Angelina V
From: John Molitor <jmolitor@prodigy.net>
Sent: Friday,January 25, 2019 12:54 PM
To: Conn, Angelina V
Cc: Hollibaugh, Mike P
Subject: RE: Li Short Term Residential Rental(18120014 SE)
Angie: I definitely agree that the HOA would not have authority to enforce a parking restriction on a public street—
regardless of what their covenants say.The City Council could restrict parking on a public street, but a HOA cannot. In
this case,the HOA's covenants only apply to private property, anyway, so it really is not an issue.
However, in my opinion, parking availability would be a proper issue for the Hearing Officer to address, in connection
with an approval of a STRR.See UDO Section 9.08(C)(4) and (D).
John
From: Conn, Angelina V
Sent: Friday,January 25, 2019 12:40 PM
To: 'John Molitor'
Cc: Hollibaugh, Mike P
Subject: RE: Li Short Term Residential Rental(18120014 SE)
Hi,John—
A question has come up about parking on the street in the Guilford Park neighborhood.
There are no 'no parking' signs on the streets, but there is a clause in their neighborhood covenants and restrictions that
states: "Section 7.01.Vehicle Parking: No camper, motor home,truck, trailer or boat may be parked or stored overnight
or longer on any Lot in open public view. Further, no vehicles as set out above, including automobiles, light trucks or
pickups, shall be parked or stored on the private roadways or any Common Area in the Subdivision." However, the HOA
told the petitioner that this is not enforced, since they are public streets.
Do you agree that people can park on the street?
I will have Joe upload all the HOA documents to laser fiche today,to this petition. Here is the direct web link: (SE) Li
Short Term Residential Rental.
Angie Conn, AICP
Carmel Planning&Zoning Dept.
From: John Molitor [mailto:jmolitor@prodigy.net]
Sent: Wednesday, January 09, 2019 2:37 PM
To: Conn, Angelina V
Cc: Hollibaugh, Mike P
Subject: RE: Docket No. Assignment: Li Short Term Residential Rental(18120014 SE)
Angie: Yes, pending action by the legislature,short-term rental landlords will need to be collecting sales and innkeeper's
taxes effective July 1, 2019. (Current law on this issue is ambiguous.) I'm monitoring legislative activity on this topic.So
far, nothing has been introduced to change that effective date again.
1
Conn, Angelina V
From: Liggett, Brent E
Sent: Friday,January 25, 2019 1:29 PM
To: Conn, Angelina V
Cc: Hollibaugh, Mike P
Subject: RE: Docket No. 18120014 SE. (Li short term residential rental).
AC,
Currently Zoning is the arm of enforcement we use when this issue arises. In this case Residential Single
Family home definitions and allowable uses. We also exlpain the option of applying for a variance, answer
other relative questions.
Here are a few codes we reference in regard to occupancy limits.
IN Residential building code would also apply to structures at the time of construction/inspection.
In this neighborhood it is common to see 3 or 4 bedroom homes, if/when you combine that with the opportunity
afforded with living and dining rooms it is conceivable that one could occupy a structure of this size with easily
8-12 occupants without exceeding the overcrowding limitations. It is rare, but on occasion when we do receive
this complaint/concern it is generally with older apartments. In those cases we work with the apartment
owner/manager and the terms of the lease are generally the tool the owner uses and we are used more as a
reference. I have seen large families where one occupant was living in the dining room, without
violation. Plumbing is another aspect that could be calculated,but in this case it is a moving dart board and not
something that would be easily monitored to assure that it was adequate, sanitary, etc..
Installing bunk beds in a residential bedroom would not likely cause an overcrowding issue, installing two bunk
beds in a traditional sized guest room would be a violation, the issue with this would be surveillance.
In general the question he poses is legit, but you could pose many questions to strike fear or argue
against. What if they park several cars in the driveway and on the street? What if they use the kitchen sink as a
toilet? What if they have a huge party? What if they tell the city they won't sleep in the basement,but then
they do...? We have seen/or heard these as well. Good luck w this!
I've highlighted some areas we use frequently, ususally by request for information from a property manager.
§ 6-223 Light, Ventilation and Occupancy Limitations.
(a) General.
(1) Scope. The provisions of this chapter shall govern the minimum conditions and standards for light,
ventilation and space for occupying a structure.
(2) Responsibility. The owner of the structure shall provide and maintain light, ventilation and space
conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit
another person to occupy, any premises that do not comply with the requirements of this chapter.
(3) Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial
light or mechanical ventilation complying with the International Building Code or International Residential
Code shall be permitted.
(b) Light.
(1) Habitable spaces.
. The minimum total glazed area for every habitable space shall be 8% of
the floor area of such room. Wherever walls or other portions of a structure face a window of any room and
1
such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of
the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and
shall not be included as contributing to the required minimum total window area for the room.
a. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through
an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the
interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on
the total floor area being served.
(2) Common halls and stairways. Every common hall and stairway in residential occupancies, other than in
one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light
bulb for each 200 square feet(19 m2) of floor area or equivalent illumination, provided that the spacing
between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of
egress, including exterior means of egress stairways shall be illuminated at all times the building space served
by the means of egress is occupied with a minimum of 1 foot-candle (11 lux) at floors, landings and treads.
(3) Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the
maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances,
equipment and fixtures.
(c) Ventilation.
(1) Habitable spaces. . The total openable
area of the window in every room shall be equal to at least 45% of the minimum glazed area required in § 6-
223(b)(1).
a. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an
adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the
interior room or space,but not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors shall
be based on a total floor area being ventilated.
(2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation
requirements for habitable spaces as required by § 6-223(c)(1), except that a window shall not be required in
such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system
from a bathroom or toilet room shall discharge to the outdoors and shall not be re-circulated.
(3) Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be
permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be
present in a rooming unit or dormitory unit.
a. Exception: Where specifically approved in writing by the Code Official.
(4) Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are
generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source.
Air shall be exhausted to the exterior and not be re-circulated to any space.
(5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and
shall be exhausted in accordance with the manufacturer's instructions.
(d) Occupancy limits.
(1) Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be
arranged to provide privacy and be separate from other adjoining spaces.
(2) Minimum room widths. (2134
mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm)
between counter fronts and appliances or counter fronts and walls.
(3) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas,bathrooms, toilet rooms
and habitable basement areas shall have a clear ceiling height of not less than seven feet (2134 mm).
a. Exceptions:
1. In one- and two-family dwellings,beams or girders spaced not less than four feet(1219 mm) on
center and projecting not more than six inches (152 mm)below the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or
recreation purposes, having a ceiling height of not less than six feet eight inches (2033 mm) with not less than
six feet four inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.
2
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over
fliii
all or part of the room, with a clear ceiling height of at least seven feet (2134 mm) over not less than one-thir
of the required minimum floor area. In calculating the floor area of such rooms,,. ly those portioof the
area with aclear ceiling height of five feet(1524 mm,).or more shall be includ
(4) Bedroom requirements. Every bedroom shall comply with the requirements of subsections a. through e.
below.
dill
a. Area for sleeping purposes. very bedroom occupied by one person shall contain at least 70 sq
bedroom occupied ore than one pain shall contain at lea
lillie feet _.
b. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or
habitable spaces and shall not serve as the only means of egress from other habitable spaces.
1. Exception: Units that contain fewer than two bedrooms.
c. Water closet accessibility. Every bedroom shall have access to at least one water closet and one
lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at
least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
d. Prohibited occupancy.
e. Other requirements. Bedrooms shall comply with the applicable provisions of this code including,but
not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the
plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical
receptacle requirements of Chapter 6; and the . ' : ,,p. a - m, ,=. a ,. J ® of Chapter 7.
(5) Overcrowding. , J ,i a - it be occupied by more occupants than pennittef'
,.. ble 6-21
TABLE 6-223(d)(5)
MINIMUM AREA REQUIREMENTS SPACE
MINIMUM AREA IN SQUARE FEET
SPACE
1 -2 Occupants 3 -5 Occupants 6 or More Occupants
Living room'b No requirements 120 150
Dining room'b No requirements 80 100
Kitchen 50 50 60
Bedrooms Shall comply with § 6-223(d)(4)
For SI: 1 square foot= 0.093 m2.
a. See § 6-223(d)(5)b. for combined living room/dining room spaces.
b. See § 6-223(d)(5)a. for limitations on determining the minimum occupancy area for sleeping purposes
a. Sleeping area. The minimum occupancy area required by Table 6-223(d)(5) shall not be included as a
sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall
comply with subsection(d)(4) above.
b. Combined spaces. Combined living room and dining room spaces shall comply with the requirements
of Table 6-223(d)(5) if the total area is equal to that required for separate rooms and if the space is located so as
to function as a combination living room/dining room.
(6) Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the
following requirements:
a. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220
square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320
square feet (29.7 m2). These required areas shall be exclusive of the areas required by subsections b. and c.
below.
3
b. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each
having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to
this code shall be provided.
c. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or
shower.
d. The maximum number of occupants shall be three.
(7) Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space
and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and
services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
(Ord. D-1803-06, 5-15-06)
§ 6-224 Plumbing Facilities and Fixture Requirements.
(a) Occupancy limits.
(1) Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and
plumbing fixtures to be provided.
(2) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and
plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or
permit another person to occupy any structure or premises which does not comply with the requirements of this
chapter.
(b) Required facilities.
(1) Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and
kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the
same room as the water closet or located in close proximity to the door leading directly into the room in which
such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
(2) Bed and breakfasts. At least one water closet, lavatory and bathtub or shower shall be supplied for each
four rooming units.
(3) Employees facilities. A minimum of one water closet, one lavatory and one drinking facility shall be
available to employees.
a. Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler,bottled water cooler
or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or
bathrooms.
(c) Toilet rooms.
(1) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only
passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for
all common or shared bathrooms and toilet rooms in a multiple dwelling.
(2) Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or
housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from
a common hall or passageway.
(3) Location of employee toilet facilities. Toilet facilities shall have access from within the employees
working area. The required toilet facilities shall be located not more than one story above or below the
employees working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m).
Employee facilities shall either be separate facilities or combined employee and public facilities.
a. Exception: Facilities that are required for employees in storage structures or kiosks, which are located
in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet
(152 m) from the employees regular working area to the facilities.
(4) Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth,
hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
(d) Plumbing systems and fixtures.
(1) General. All plumbing fixtures shall be properly installed and maintained in working order, and shall
be kept free from obstructions, leaks and defects and be capable of performing the function for which such
plumbing fixtures are designed. All plumbing fixtures shall be maintained in a level, safe, sanitary and
functional condition.
4
(2) Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
(3) Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard
to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection,
backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall
require the defects to be corrected to eliminate the hazard.
(e) Water system.
(1) General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing
fixture shall be properly connected to either a public water system or to an approved private water system. All
kitchen sinks, lavatories, laundry facilities,bathtubs and showers shall be supplied with hot or tempered and
cold running water in accordance with the Indiana Plumbing Code.
(2) Contamination. The water supply shall be maintained free from contamination, and all water inlets for
plumbing fixtures shall be located a minimum of one-inch above the flood-level rim of the fixture. Shampoo
basin faucets,janitor sink faucets and other hose bibs or faucets to which hoses are attached, shall be protected
by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection
vacuum breaker.
(3) Supply. The water supply system shall be installed and maintained to provide a supply of water to
plumbing fixtures, devices and appurtenances in sufficient volume and at pressure adequate to enable the
fixtures to function properly, safely, and free from defects and leaks.
(4) Water heating facilities. Water heating facilities shall be properly installed,maintained and capable of
providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and
laundry facility at a temperature of not less than 120°F (49°C). A gas-burning water heater shall not be located
in any bathroom, toilet room,bedroom or other occupied room normally kept closed, unless adequate
combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve
discharge pipe shall be properly installed and maintained on water heaters.
(f) Sanitary drainage system.
(1) General. All interior plumbing fixtures shall be properly connected to either a public sanitary sewer
system or to an approved private sanitary sewage disposal system.
(2) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free
from obstructions, leaks and defects.
(Ord. D-1803-06, 5-15-06)
From: Conn, Angelina V
Sent: Friday, January 25, 2019 9:05 AM
To: Liggett, Brent E
Cc: Hollibaugh, Mike P
Subject: FW: Docket No. 18120014 SE. (Li short term residential rental).
Hi, Brent—
Please see the remonstrance letter below. What process do we have in place for code enforcement on short term
residential rentals?And, what is the maximum number of beds or persons per bedroom allowed by code? (The BZA
meeting is Monday night.)Thanks!
Angie Conn,AICP
Carmel Planning&Zoning Dept.
From: Shestak, Joe
Sent: Friday, January 25, 2019 8:28 AM
To: Shestak, Joe
Subject: FW: Docket No. 18120014 SE. (Li short term residential rental).
Letter#02
5
Shestak, Joe
From:Conn, Angelina V
Sent:Monday, January 07, 2019 12:00 PM
To:'Jennifer Wang'
Cc:Shestak, Joe
Subject:RE: zoning change application (18120014 SE)
You’re welcome, Jennifer.
No, we are trying to be as paperless as possible, so please just email us scans and PDFs of all copies. (The only paper copies we
need are of the BZA info packets.) Thanks!
Angie Conn, AICP
Carmel Planning & Zoning Dept.
From: Jennifer Wang \[mailto:poshstat@gmail.com\]
Sent: Monday, January 07, 2019 11:55 AM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: Re: zoning change application (18120014 SE)
Many thanks to Angie and Joe for your review and clarification! I am working on the rest of things and will be mindful about
the timelines. Do you need one paper copy of the attachment that I sent on Friday by Jan 18 as well (including application, ID,
utility bill, etc.) ?
Thanks again and have a great day,
Jennifer
On Mon, Jan 7, 2019 at 11:41 AM Conn, Angelina V <Aconn@carmel.in.gov> wrote:
Thank you, Jennifer –
So far, it looks like you have provided most of the items necessary. After January 18, we will do another review, to make sure
we are not missing anything from you, and we will let you know what still needs to be submitted.
From what I can tell, here are the remaining planning/zoning review comments:
3. Please make checks payable to City of Carmel.
4. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM.
5. *The Current in Carmel only prints on Tuesdays, and their filing deadline is usually 7 days prior to their printing date;
please submit your legal ad to them by 2:30 PM on Tuesday, Jan. 8 so that it prints on time. Their contact info is 317-489-4444
ext. 5 or legals@youarecurrent.com. (Use the Notice of Public Hearing form in the Application as a template for what to have
published in the newspaper and what to mail out to the neighbors.)
6. The notice to the neighbors should be done by first class mail with Certificates of Mailing (not Certified Mail). Please
provide us with the certificate of mailings for the file on or before Jan. 23.
1
Conn, Angelina V
From: Conn, Angelina V
Sent: Wednesday,January 09, 2019 2:59 PM
To: Jennifer Wang (poshstat@gmail.com)
Subject: Re: Docket No.Assignment: Li Short Term Residential Rental (18120014 SE)
Good afternoon,Jennifer—
Regarding comment#20, I was able to get a response from the BZA attorney about the Registered Retail Merchant
Certificate (RRMC) requirement: Yes, pending action by the (state) legislature, short-term rental landlords will need to
be collecting sales and innkeeper's taxes effective July 1, 2019. (Current law on this issue is ambiguous.)
The BZA attorney is monitoring legislative activity on this topic, and so far, nothing has been introduced into legislation
to change that effective date, again.
I hope this helps to clarify what will be required after July 1. Please let me know if you have any additional questions.
Have a nice afternoon!
Angie Conn, AICP
Carmel Planning&Zoning Dept.
From: Conn, Angelina V
Sent: Thursday, January 03, 2019 12:14 PM
To: Lopez, Alexia K; Warner, Caleb; Blanchard, Jim E; 'Greg Ilko'; Haney, Douglas C; Hollibaugh, Mike P; 'John Molitor';
Jordan, Alex; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue;
Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Thomas, John G; Chavez, Nathan; Krueskamp, Theresa
A; McCoy, David W; 'Willie Hall'; 'maggie.crediford@trico.eco'; Liggett, Brent E; Shestak, Joe; Musunuri, Varunima
Cc: Jennifer Wang (poshstat@gmail.com)
Subject: Docket No. Assignment: Li Short Term Residential Rental (18120014 SE)
I have issued the necessary BZA Docket Number for(SE) Li Short Term Residential Rental. It is the following:
(SE) Li Short Term Residential Rental.
The applicant seeks the following special exception approval for a short term residential rental unit:
Docket No. 18120014 SE UDO Section 2.07 - Permitted Uses, Special Exceptions.
The site is located at 11441 Scheel Dr. It is zoned Rl/Residence-ROSO II and is Lot 54 in Guilford Park Subdivision.
Filed by Jennifer Wang,on behalf of Feng Li, owner.
Jennifer can be contacted at 317-416-2371 or poshstat@gmail.com.
FILING FEES
Special Exception, STRR $100.00
Total Due: $100.00
Filing Dates& Deadlines-Petitioner, please note the following:
1. This item does not need to be on any meeting agenda of the Technical Advisory Committee (TAC). If you have not
done so already, please email the plans to all TAC members for their review/input,to work with TAC members
individually via email and/or mail to address review comments. Here is a link to the updated TAC Members list with
their contact info.
2. All Mailed, Posted, and Published Public Notice needs to occur by Friday,Jan. 18 (but may occur earlier).The
published notice (legal ad) is required within The Current in Carmel*; please contact them at least 11 days prior to
that in order for them to publish it on time (317-489-4444 ext. 5 or legals@youarecurrent.com). The mailing of
letters to adjoining property owners& placement of public hearing sign on the subject property is also required by
1
Conn, Angelina V
From: John Molitor <jmolitor@prodigy.net>
Sent: Wednesday, January 09, 2019 2:37 PM
To: Conn, Angelina V
Cc: Hollibaugh, Mike P
Subject: RE: Docket No.Assignment: Li Short Term Residential Rental(18120014 SE)
Angie: Yes, pending action by the legislature,short-term rental landlords will need to be collecting sales and innkeeper's
taxes effective July 1, 2019. (Current law on this issue is ambiguous.) I'm monitoring legislative activity on this topic.So
far, nothing has been introduced to change that effective date again.
John
John R. Molitor
Attorney at Law
9465 Counselors Row,Suite 200
Indianapolis,IN 46240-6150
Office: (317)843-5511
Fax: (317)805-4723
Email: imolitorAprodigy.net
This message is from John R. Molitor,Attorney at Law. This message and any attachments may contain legally privileged or
confidential information,and are intended only for the individual or entity identified above as the addressee. If you are not the
addressee,or if this message has been addressed to you in error,you are not authorized to read,copy, or distribute this message and
any attachments, and I ask that you please delete this message and attachments and notify the sender by return e-mail or by phone at
(317)843-5511. Delivery of this message and any attachments to any person other than the intended recipient(s)is not intended in
any way to waive confidentiality or a privilege.All personal messages express views only of the individual sender,and may not be
copied or distributed without this statement.
From: Conn, Angelina V
Sent: Friday,January 4, 2019 3:04 PM
To:JMolitor@prodigy.net
Cc: Hollibaugh, Mike P
Subject: Re: Docket No.Assignment: Li Short Term Residential Rental(18120014 SE)
Hi,John—
The petitioner called and asked about the requirement for a Registered Retail Merchant Certificate (RRMC)from the
State (IN DOR form BT-1).Currently, it is not required by us, per the attached letter, but looks like it might be in July of
this year, pending action by the State legislature. If their Special Exception petition is approved this month,will they
have to produce a copy of a RRMC 6 months later, in July?
Please advise.Thanks!
Angie Conn, AICP
Carmel Planning&Zoning Dept.
From: Conn, Angelina V
Sent: Thursday, January 03, 2019 12:14 PM
1
Conn, Angelina V
From: Willie Hall <whall@crossroadengineers.com>
Sent: Wednesday, January 09, 2019 8:46 AM
To: Jennifer Wang; Keesling, Rachel M; Conn,Angelina V; Lopez, Alexia K; Mindham, Daren;
Littlejohn, David W; McCoy, David W; Huffman, David;
greg.hoyes@hamiltoncounty.in.gov;Thomas, John G;
david.lucas@hamiltoncounty.in.gov; Hohlt, William G; Blanchard, Jim E; Sheeks, Mike;
Duffy, John M; Faucett,Joe W; Stewart,Jason J; Barlow,James C; Strong, David C; Ellison,
Christopher M; Krueskamp,Theresa A; Forward for Westermeier, Mark;
jason.lemaster@hamiltoncounty.in.gov; health@hamiltoncounty.in.gov;
meri.seedorf@charter.com;Quentin.Walker@charter.com; Matthew.Dayhuff@duke-
energy.com;jessica.herrington@duke-energy.com; Ryan.Daugherty@duke-energy.com;
jlclark@vectren.com; dan.davenport@aes.com; ckehl@citizensenergygroup.com;
rfarrand@ccs.kl2.in.us; ryan.hartman@trico.eco;Yackle, Troy; bw1917@att.com
Subject: RE:Zoning Change proposal
Jennifer,
Our office will have no comments on the request.
Thanks,
Willie
WILLIAM HALL II, P.E.
(317) 780-1555 x140 Office
whall(c�crossroadengineers.com
From:Jennifer Wang<poshstat@gmail.com>
Sent:Tuesday,January 8, 2019 5:55 PM
To: Keesling, Rachel M <rkeesling(«@carmel.in.gov>; Conn,Angelina V<aconn(«@carmel.in.gov>; Lopez, Alexia K
<alopez@carmel.in.gov>; Mindham, Daren<dmindham@carmel.in.gov>; Littlejohn, David W
<dlittlejohn@carmel.in.gov>; McCoy, David W<dmccoy@carmel.in.gov>; dhuffman@carmel.in.gov;
gree.hoyes@hamiltoncounty.in.gov; Willie Hall<whall@crossroadengineers.com>;Thomas,John G
<ithomas@carmel.in.gov>; david.lucas@hamiltoncounty.in.gov; whohlt@carmel.in.gov; Blanchard,Jim E
<jblanchard@carmel.in.gov>; msheeks@carmel.in.gov; iduffy@carmel.in.gov; ifaucett@carmel.in.gov;
iistewart@carmel.in.gov; ibarlow@carmel.in.gov; dstrong@carmel.in.gov; cellison@carmel.in.gov; Krueskamp,Theresa
A<tkrueskamp@carmel.in.gov>; mwestermeier@carmelclayparks.com; iason.lemaster@hamiltoncounty.in.gov;
health@hamiltoncounty.in.gov; meri.seedorf@charter.com;Quentin.Walker@charter.com; Matthew.Dayhuff@duke-
energy.com; iessica.herrington@duke-energy.com; Ryan.Daugherty@duke-energy.com; jlclark@vectren.com;
dan.davenport@aes.com; ckehl@citizensenergygroup.com; rfarrand@ccs.k12.in.us; ryan.hartman@trico.eco; Yackle,
Troy<troy.yackle@energytransfer.com>; bw1917@att.com
Subject: Re: Zoning Change proposal
Dear TAC members,
I have included the property address and other related info such as Docket#in this proposal. Please disregard the last
one.
Thanks,
Jennifer
Conn, Angelina V
From: Greg R. Hoyes <Greg.Hoyes@hamiltoncounty.in.gov>
Sent: Wednesday,January 09, 2019 8:25 AM
To: Jennifer Wang; Keesling, Rachel M; Conn, Angelina V; Lopez, Alexia K;Willie Hall;
Thomas,John G
Subject: RE:Zoning Change proposal
Jennifer
The Hamilton County Surveyor's Office has no comments or concerns with your proposed zoning change. If you have
any questions, please let me know.
q/leg gem, ae, erase
Plan Reviewer
Hamilton County Surveyor's Office
From:Jennifer Wang [mailto:poshstat@gmail.com]
Sent:Tuesday,January 08, 2019 5:55 PM
To: Keesling, Rachel M <rkeesling@carmel.in.gov>; Conn,Angelina V<aconn@carmel.in.gov>; Lopez,Alexia K
<alopez@carmel.in.gov>; Mindham, Daren<dmindham@carmel.in.gov>; Littlejohn, David W
<dlittleiohn@carmel.in.gov>; McCoy, David W<dmccoy@carmel.in.gov>; dhuffman@carmel.in.gov; Greg R. Hoyes
<Greg.Hoyes@hamiltoncounty.in.gov>; Willie Hall<whall@crossroadengineers.com>;Thomas,John G
<ithomas@carmel.in.gov>; David E. Lucas<David.Lucas@hamiltoncounty.in.gov>; whohlt@carmel.in.gov; Blanchard,Jim
E <jblanchard@carmel.in.gov>; msheeks@carmel.in.gov;jduffy@carmel.in.gov; jfaucett@carmel.in.gov;
iistewartc carmel.in.gov; ibarlow@carmel.in.gov; dstrong@carmel.in.gov; cellison@carmel.in.gov; Krueskamp,Theresa
A<tkrueskamp@carmel.in.gov>; mwestermeier@carmelclayparks.com;Jason T. LeMaster
<Jason.LeMaster@hamiltoncounty.in.gov>; Health <health@hamiltoncounty.in.gov>; meri.seedorf@charter.com;
Quentin.Walker@charter.com; Matthew.Dayhuff@duke-energy.com;jessica.herrington@duke-energy.com;
Ryan.Daugherty@duke-energy.com; ilclark@vectren.com; dan.davenport@aes.com; ckehl@citizensenergygroup.com;
rfarrand@ccs.k12.in.us; ryan.hartman@trico.eco; Yackle,Troy<troy.yackle@energytransfer.com>; bw1917@att.com
Subject: Re: Zoning Change proposal
Dear TAC members,
I have included the property address and other related info such as Docket# in this proposal. Please disregard
the last one.
Thanks,
Jennifer
On Tue, Jan 8, 2019 at 5:29 PM Jennifer Wang<poshstat(&,,gmail.com>wrote:
Dear TAC members,
We are in the process of requesting for Zoning Change for our R-1 single family home. Please review our
proposal in attachment.
Thank you,
Jennifer
1
Conn, Angelina V
From: Jennifer Wang <poshstat@gmail.com>
Sent: Tuesday,January 08, 2019 5:55 PM
To: Keesling, Rachel M;Conn, Angelina V; Lopez, Alexia K; Mindham, Daren; Littlejohn,
David W; McCoy, David W; Huffman, David; greg.hoyes@hamiltoncounty.in.gov; Willie
Hall;Thomas, John G; david.lucas@hamiltoncounty.in.gov; Hohlt, William G; Blanchard,
Jim E; Sheeks, Mike; Duffy,John M; Faucett,Joe W; Stewart,Jason J; Barlow,James C;
Strong, David C; Ellison, Christopher M; Krueskamp, Theresa A; Forward for Westermeier,
Mark;jason.lemaster@hamiltoncounty.in.gov; health@hamiltoncounty.in.gov;
meri.seedorf@charter.com;Quentin.Walker@charter.com; Matthew.Dayhuff@duke-
energy.com;jessica.herrington@duke-energy.com; Ryan.Daugherty@duke-energy.com;
jlclark@vectren.com; dan.davenport@aes.com; ckehl@citizensenergygroup.com;
rfarrand@ccs.kl2.in.us; ryan.hartman@trico.eco;Yackle, Troy; bw1917@att.com
Subject: Re:Zoning Change proposal
Attachments: proposal.pdf
Dear TAC members,
I have included the property address and other related info such as Docket#in this proposal. Please disregard
the last one.
Thanks,
Jennifer
On Tue, Jan 8, 2019 at 5:29 PM Jennifer Wang<poshstat@gmail.com> wrote:
Dear TAC members,
We are in the process of requesting for Zoning Change for our R-1 single family home. Please review our
proposal in attachment.
Thank you,
Jennifer
Email secured by Check Point
i
Conn, Angelina V
From: Conn, Angelina V
Sent: Monday,January 07, 2019 11:42 AM
To: 'Jennifer Wang'
Cc: Shestak,Joe
Subject: RE:zoning change application (18120014 SE)
Thank you,Jennifer—
So far, it looks like you have provided most of the items necessary. After January 18, we will do another review,to make
sure we are not missing anything from you, and we will let you know what still needs to be submitted.
From what I can tell, here are the remaining planning/zoning review comments:
3. Please make checks payable to City of Carmel.
4. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM.
5. *The Current in Carmel only prints on Tuesdays, and their filing deadline is usually 7 days prior to their printing
date; please submit your legal ad to them by 2:30 PM on Tuesday,Jan. 8 so that it prints on time.Their contact info is
317-489-4444 ext. 5 or legals@youarecurrent.com. (Use the Notice of Public Hearing form in the Application as a
template for what to have published in the newspaper and what to mail out to the neighbors.)
6. The notice to the neighbors should be done by first class mail with Certificates of Mailing (not Certified
Mail). Please provide us with the certificate of mailings for the file on or before Jan. 23.
7. Please provide the filled out and notarized Placement of Public Notice Sign affidavit once the sign is in place
(pages 8-9 of SE Application).
8. Please provide the filled out and notarized Petitioner's Affidavit of Notice of Public Hearing form.
9. Please provide the filled out Notice of the Public Hearing form/template.
10. Please provide proof of notice, such as Publisher's Affidavit from the newspaper, and Certificate of Mailing
receipts from the Post Office, once you receive them.
Please refer again to the docket no. assignment email we sent you on Jan. 3, for the complete list of all items you need
to complete and what you need to submit and address.
Angie Conn, AICP
Carmel Planning &Zoning Dept.
From: Jennifer Wang [mailto:poshstat@gmail.com]
Sent: Friday, January 04, 2019 6:15 PM
To: Conn, Angelina V; Shestak, Joe
Subject: zoning change application
Hi Angie,
In addition to the BZA packet, I attached the other required documents here
• 2 page application
• proof of residence (driver's license, utility bill)
• 2 copies of location map
• 2 copies of aerial map
• 2 photos of exterior building
• Adjoining property list from Hamilton County
1
Please let me know if this is all you need. I will submit the following by Jan. 18
• paper copies of BZA packet
• check written to the City
• Proof of notice along with Publisher's Affidavit and mail certificate
Did I miss anything?
Thank you and have a great day,
Jennifer
Email secured by Check Point
2
Conn, Angelina V
From: John Molitor <jmolitor@prodigy.net>
Sent: Thursday, January 03, 2019 1:20 PM
To: Conn, Angelina V
Subject: RE: Docket No.Assignment: Li Short Term Residential Rental(18120014 SE)
Angie: I didn't find anything in these documents which would relate to rental uses—short term or otherwise.
John
John R. Molitor
Attorney at Law
9465 Counselors Row, Suite 200
Indianapolis,IN 46240-6150
Office: (317) 843-5511
Fax: (317)805-4723
Email: jmolitor@prodigy.net
This message is from John R. Molitor,Attorney at Law. This message and any attachments may contain legally privileged or
confidential information,and are intended only for the individual or entity identified above as the addressee. If you are not the
addressee,or if this message has been addressed to you in error,you are not authorized to read,copy,or distribute this message
and any attachments,and I ask that you please delete this message and attachments and notify the sender by return e-mail or by
phone at(317)843-5511. Delivery of this message and any attachments to any person other than the intended recipient(s)is not
intended in any way to waive confidentiality or a privilege.All personal messages express views only of the individual sender,and
may not be copied or distributed without this statement.
From:Conn,Angelina V
Sent:Thursday,January 3, 2019 12:20 PM
To:JMolitorPprodigy.net
Subject: RE: Docket No. Assignment: Li Short Term Residential Rental(18120014 SE)
Hi,John—
Please take a look at sections 2.01 and 3.02 of the neighborhood draft covenants and restrictions for this neighborhood.
I want to make sure that the CCRs do not preclude them from using the home as a short term residential rental.Thanks!
Angie Conn,AICP
Carmel Planning&Zoning Dept.
From: Conn, Angelina V
Sent: Thursday, January 03, 2019 12:14 PM
To: Lopez, Alexia K; Warner, Caleb; Blanchard, Jim E; 'Greg Ilko'; Haney, Douglas C; Hollibaugh, Mike P; 'John Molitor';
Jordan, Alex; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue;
Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Thomas, John G; Chavez, Nathan; Krueskamp,Theresa
A; McCoy, David W; 'Willie Hall'; 'maggie.crediford@trico.eco'; Liggett, Brent E; Shestak, Joe; Musunuri, Varunima
Cc: Jennifer Wang (poshstat@gmail.com)
Subject: Docket No. Assignment: Li Short Term Residential Rental (18120014 SE)
I have issued the necessary BZA Docket Number for(SE) Li Short Term Residential Rental. It is the following:
Shestak, Joe
From:Conn, Angelina V
Sent:Monday, January 07, 2019 11:42 AM
To:'Jennifer Wang'
Cc:Shestak, Joe
Subject:RE: zoning change application (18120014 SE)
Thank you, Jennifer –
So far, it looks like you have provided most of the items necessary. After January 18, we will do another review, to make sure
we are not missing anything from you, and we will let you know what still needs to be submitted.
From what I can tell, here are the remaining planning/zoning review comments:
3. Please make checks payable to City of Carmel.
4. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM.
5. *The Current in Carmel only prints on Tuesdays, and their filing deadline is usually 7 days prior to their printing date;
please submit your legal ad to them by 2:30 PM on Tuesday, Jan. 8 so that it prints on time. Their contact info is 317-489-4444
ext. 5 or legals@youarecurrent.com. (Use the Notice of Public Hearing form in the Application as a template for what to have
published in the newspaper and what to mail out to the neighbors.)
6. The notice to the neighbors should be done by first class mail with Certificates of Mailing (not Certified Mail). Please
provide us with the certificate of mailings for the file on or before Jan. 23.
7. Please provide the filled out and notarized Placement of Public Notice Sign affidavit once the sign is in place (pages 8-9
of SE Application).
8. Please provide the filled out and notarized Petitioner’s Affidavit of Notice of Public Hearing form.
9. Please provide the filled out Notice of the Public Hearing form/template.
10. Please provide proof of notice, such as Publisher’s Affidavit from the newspaper, and Certificate of Mailing receipts
from the Post Office, once you receive them.
Please refer again to the docket no. assignment email we sent you on Jan. 3, for the complete list of all items you need to
complete and what you need to submit and address.
Angie Conn, AICP
Carmel Planning & Zoning Dept.
From: Jennifer Wang \[mailto:poshstat@gmail.com\]
Sent: Friday, January 04, 2019 6:15 PM
To: Conn, Angelina V; Shestak, Joe
Subject: zoning change application
Hi Angie,
In addition to the BZA packet, I attached the other required documents here
2 page application
proof of residence (driver's license, utility bill)
2 copies of location map
2 copies of aerial map
2 photos of exterior building
Adjoining property list from Hamilton County
Please let me know if this is all you need. I will submit the following by Jan. 18
1
paper copies of BZA packet
check written to the City
Proof of notice along with Publisher's Affidavit and mail certificate
Did I miss anything?
Thank you and have a great day,
Jennifer
Email secured by Check Point
2