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HomeMy WebLinkAboutDepartment Report 03-22-213 of 5 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING DEPARTMENT REPORT MONDAY, MARCH 22, 2021 (SE) Hospel Short Term Residential Rental, Renewal. The applicant seeks the following special exception renewal approval for a STRR unit: 4. Docket No. PZ-2021-00029 SE UDO Section 2.07 - Permitted Uses, Special Exceptions. The site is located at 58 Wilson Dr. It is zoned R2/Residence (Lot 108, Wilson Village Subdivision). Filed by Holly Hospel, owner. General Info & Analysis: The Petitioner seeks renewal approval to operate a Short Term Residential Rental (STRR) use out of a 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/Residence 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. It appears that on-street parking is allowed, and there are at least two parking spaces on the driveway area in addition to the attached 2-car garage. Guests will only be allowed to park in the garage or on the driveway. Please see the Petitioner’s info packet for more detail on the special exception renewal 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 12-02-19-03 which allowed for thirty (30) dates in 2020 where this STRR ordinance will not be enforced (freebie dates), such as most major holiday weekends. (A resolution was not adopted this year, due to it still being a 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 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: 4 of 5 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. Review Comments: The Petitioner has addressed all planning/zoning review comments. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: The Dept. is supportive of this residential special exception renewal request. The Dept. of Community Services recommends positive consideration of Docket No. PZ-2021-00029 SE. (Please note that if the petition is renewed, the approval is only valid for one (1) year.) CARMEL BOARD OF ZONING APPEALS - REGULAR MEETING DEPARTMENT REPORT MONDAY, MARCH 22, 2021 TABLED TO APRIL 26 - (A) Appeal, 130 1st Ave NW Demolition Request. The applicant seeks to appeal the Director’s denial of a demolition request: 1. Docket No. PZ-2020-00169 A UDO Section 3.61.B No Character Building, or any part of it, may be demolished in the Old Town Overlay District without the consent of the Director of Community Services. The site is located at 130 1st Ave NW. It is zoned R4/Residence and Old Town Overlay, Character Subarea. Filed by John Hefton of Old Town Design Group. This item is tabled to the April 26 regular BZA meeting. The Petitioner is looking into relocating the existing house to a different site in order to save it.