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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING
DEPARTMENT REPORT
MONDAY, SEPTEMBER 27, 2021
(SE) Humphress Short Term Residential Rental Renewal.
The applicant seeks the following special exception renewal approval for a STRR unit:
5. Docket No. PZ-2021-00163 SE UDO Section 2.09 Permitted Uses, Residential Special
Exception. The site is located at 4423 E. 116th St. (Woodland Green Subdivision Lot 2). It is zoned
R2/Residence. Filed by Corey Danielle Humphress, owner.
General Info & Analysis:
The Petitioner seeks renewal approval to rent out a 3-bedroom house in order to operate a Short Term
Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway, etc.) The
initial approved petition was Docket No. PZ-2020-00133 SE. 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 site is located on 116th Street, across the street from Brookshire Golf course. Single family homes
are located adjacent to the house to the south, west, and east. Please see the Petitioner’s info packet for more
detail on the special exception renewal request.
The lot is located on the perimeter of an established single-family neighborhood that is located south of
Brookshire Golf Course. The site is located on busy 116th Street. There does not appear to be a Woodland Green
homeowner’s association. On-street parking is not allowed, due to 116th Street being a Primary Arterial Street,
but there is plenty of off-street parking on the driveway, and possibly 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 30 specific 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 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.
The Carmel Code Enforcement Dept. has not received any complaints about this property.
And, the Petitioner addressed all the planning/zoning review comments related to the Special Exception
process.
Findings of Fact:
Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
The Planning Dept. is supportive of this residential special exception request renewal. The Dept. of Community
Services (DOCS) recommends favorable consideration of docket no. PZ-2020-00133 SE, as well as with the
adoption of the findings of fact submitted by the Petitioner.
(Please note that if the petition is approved, the renewal approval is only valid for one year.)