HomeMy WebLinkAboutDepartment Report HO 05-26-204
CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
TUESDAY, MAY 26, 2020
(SE) Malone Short Term Residential Rental.
The applicant seeks the following special exception approval for a STRR unit:
4. Docket No. PZ-2020-00003 SE UDO Section 2.11 Permitted Uses, Residential Special
Exception. The site is located at 210 1st Ave SE. It is zoned R3/Residence and Old Town Overlay Zone,
Character Subarea. Filed by Tyler Malone on behalf of Ronald & Heidi Malone, owners.
General Info & Analysis:
The Petitioner seeks approval to rent out one bedroom of their 3-bedroom 2-bath 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 R3/Residence zoning district. Please see the Petitioner’s info packet for
more detail on the special exception request.
The subject lot is located within the Old Town Carmel neighborhood, one block east of Rangeline Rd. and two
blocks south of Main St. There does not appear to be a homeowner’s association. Single family detached homes
surround the subject site. It appears that on-street parking is allowed, but the street sign says: “No parking
Monday through Friday 8:30 AM to 9:30 AM while Carmel Clay Schools are in session, except for vehicles
with residential stickers.” There is not a garage or parking pad on the site, just a grassy area with muddy ruts
from where cars have parked on the site. The concern is that the parking area on the property is just grass; it
needs to be at least gravel, and better yet, should be a hard surface like pavers, concrete, or asphalt. On a March
2020 aerial photo, you can see there are mud ruts where vehicles have parked on that northern part of the
property. The other parking concerns is the north/south street, 1st Ave SE, is a narrow street (with 21-ft wide
pavement), but 2nd Street NE is narrower (approximately 13-ft wide pavement), and it would become a
life/safety concern if a car were to park on that street, especially if an emergency vehicle needed to pass by.
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 thirty (30) dates in 2020
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 consider the needs and
circumstances of each application and shall examine the following items as they relate to the proposed Special
Exception:
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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:
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. PZ-2020-00003 SE. (Please note that if the
petition is approved, the approval is only valid for one year.)