HomeMy WebLinkAboutDepartment Report 04-26-217 of 19
CARMEL BOARD OF ZONING APPEALS - REGULAR MEETING
DEPARTMENT REPORT
MONDAY, APRIL 26, 2021
(SE) Kedanis Short Term Residential Rental (Appeal).
The applicant seeks the following special exception approval for a STRR unit:
1. Docket No. PZ-2020-00120 SE UDO Section 2.09 Permitted Uses, Residential Special
Exception. The site is located at 131 Beechmont Dr. (Lot 72 in Harrowgate Subdivision.) It is zoned
R2/Residence. Filed by Karen (Lukovic) Kedanis, owner.
General Info & Analysis:
The Petitioner seeks approval from the full Board in order to rent out 3 bedrooms of their 4-bedroom house in
order to operate a Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO,
FlipKey, HomeAway, etc.) The Petitioner plans be on the premise some 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 R2/Residence zoning district. Please see the Petitioner’s info packet for more detail
on the special exception request.
The lot is located within an established single-family neighborhood that is located east of Carmel High School.
There does not appear to be a Harrowgate homeowner’s association, just a civic association which is more of a
social club. Single family detached homes surround the subject site. On-street parking is not allowed, except for
cars with residential permit stickers, but there is plenty of off-street parking on the driveway, as well as in the 2-
car garage.
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. (A
resolution was not adopted for 2021, due to the Covid-19 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 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.
8 of 19
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.
Planning Dept. Final Comment:
Since this is an appeal, the only way for a Petitioner to get a prior denial reversed is to prove that conditions
have changed in some way, or show that the petition has changed in some way, that makes the prior Findings of
Fact inapplicable.
Petitioner’s Findings of Fact:
The BZA Attorney will write up the negative Findings of Fact, if the petition is denied.
Recommendation:
The Planning Dept. is not supportive of this residential special exception request. The Dept. of Community
Services recommends negative consideration of PZ-2020-00120 SE.
(Please note that if the petition is approved, the approval is only valid for one year.)