HomeMy WebLinkAboutDepartment Report 06-27-191
CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER
DEPARTMENT REPORT
THURSDAY, JUNE 27, 2019 - SPECIAL MEETING
(SE) Oliger Short Term Residential Rental.
The applicant seeks the following special exception approval for a short term residential rental unit:
1. Docket No. 19050032 SE UDO Section 2.09 - Permitted Uses, Special Exceptions.
The site is located at 622 Alwyne Rd. It is zoned R2/Residence and is Lot 76 in Harrowgate
Subdivision. Filed by Thomas Oliger, owner.
General Info & Analysis:
The Petitioner seeks approval to operate a Short Term Residential Rental (STRR) use out of his 3-bedroom
house. (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
R2/Residential zoning district. The subject lot is located in the heart of a residential subdivision; it does not lie
on the neighborhood perimeter. Single family detached homes surround the subject site, and Carmel High
School is located just west of the neighborhood. It appears that on-street parking is allowed, and there are at
least four parking spaces on the driveway area in addition to the attached 2-car garage. (There does not appear
to be an active Homeowners Association.) Please see the Petitioner’s info packet for more detail on the
special exception request.
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 12-17-18-03 which allows for thirty (30) specific
dates in 2019 where this STRR ordinance will not be enforced (freebie dates), such as most major holiday
weekends.
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 give consideration to
the particular 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;
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:
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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.
Petitioner’s Findings of Fact:
The BZA Attorney will write up the negative Findings of Fact.
Recommendation:
The Planning Dept. is not supportive of this residential special exception request. The Dept. of Community
Services recommends negative consideration of Docket No. 19050032 SE.
(Please note that if the petition is approved, the approval is only valid for one (1) year.)