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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JULY 25, 2022
(SE) Larson Short Term Residential Rental.
The applicant seeks the following special exception approval for a STRR unit:
9. Docket No. PZ-2020-00088 SE UDO Section 2.07 Permitted Uses, Residential Special
Exception. The site is located at 377 Patricia Court (Woodland Springs Subdivision, Lot 377). It is zoned
R1/Residence. Filed by Christine and Kurt Larson, owners.
General Info & Analysis:
The Petitioner seeks renewal approval to rent out most of a 4-bedroom 3-bathroom house in order to operate a
Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway,
etc.) The Petitioner will limit guests to two adults and two children, total.
Per the zoning ordinance, a residential special exception approval from the BZA Hearing Officer is required for
STRR’s located in the R1/Residence zoning district. The site is located east of Keystone Pkwy. and south of
Carmel Dr, in the Woodland Springs neighborhood. Single family homes are located adjacent to the house to
the north, south, west, and east. Please see the Petitioner’s info packet for more detail on the special
exception request.
The lot is located in the middle of the Woodland Springs neighborhood. There does appear to be is a
homeowner’s association, and the Petitioner has written approval from the HOA to operate an AirBNB as
long as they are present when guests stay and as long as no more than four guests stay per rental period.
On-street parking is allowed, but there is plenty of off-street parking on the long 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 Permanent Resident of the Dwel ling
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-02-07-22-01 which allows for 30 specific dates in
2022 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:
Per the UDO’s direction, the Planning Dept. cannot be supportive of this residential special exception request
renewal. The Dept. of Community Services (DOCS) recommends negative consideration of docket no. PZ-
2020-00088 SE.
(Please note that if the petition is approved, the renewal approval is only valid for one year, and the Petitioner’s
findings of fact submitted should be adopted.)