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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JUNE 22, 2020
(SE) Schneider Short Term Residential Rental.
The applicant seeks the following special exception approval for a STRR unit:
2. Docket No. PZ-2020-00017 SE UDO Section 2.03 Permitted Uses, Residential Special
Exception. The site is located at 4217 W. 131st Street. It is zoned S1/Residence (Lucky Forward
Subdivision Lot 1). Filed by Vincent and Pamela Schneider, owners
General Info & Analysis:
The Petitioner seeks approval to rent out 1-4 bedrooms of their 5-bedroom 5-bath house in order to operate a
Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway,
etc.) The Schneiders will be on the premise most of the time that guests are present. Per the zoning ordinance, a
residential special exception approval from the BZA Hearing Officer is required for STRR’s located in the
S1/Residence zoning district. Please see the Petitioner’s info packet for more detail on the special exception
request.
The subject 2.1-acre lot is located within western Clay Township, at the southeast corner of 131st St. and West
Rd. It is part of a 2-lot subdivision. There does not appear to be a homeowner’s association. Single family
detached homes surround the subject site. On-street parking is not allowed, but there is plenty of off-street
parking on the circular 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 Perm anent 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:
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.
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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 c ommunity 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. On a separate but related note, on the
recorded subdivision plat there is a commitment that when sidewalks are installed adjoining this property by
other parties, the applicant will install a sidewalk system the full width of the property…to allow connection of
a sidewalk system in the area. The Planning Dept. wants the current landowner to be aware of this.
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-2020-00017 SE.
(Please note that if the petition is approved, the approval is only valid for one year.)