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HomeMy WebLinkAboutDepartment Report 11-28-225 of 13 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, NOVEMBER 28, 2022 (SE) Elliott Short Term Residential Rental. The applicant seeks the following special exception approval: 8. Docket No. PZ-2022-00213 SE UDO Section 2.05 Residential Special Exception. The site is located at 10828 Timber Ln. (Jordan Woods Subdivision Lot 95). It is zoned S2/Residence. Filed by Thomas & Karyn Elliott, owners. General Info & Analysis: The Petitioner seeks approval to operate a Short Term Residential Rental (STRR) use, to rent out a four- bedroom three-bath 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 S2/Residence zoning district. The site is located in the middle of an established single family neighborhood that is located south of Woodland Country Club Golf Course. It is located north of 106th Street and west of Keystone Pkwy. Single family homes surround the subject property. There appears to be an active Jordan Woods Homeowners Association, but it is a voluntary group that has no legal standing to establish neighborhood covenants and restrictions. On-street parking is allowed, but there is plenty of off-street parking on the driveway, and possibly in the 2-car garage. Please see the Petitioner’s info packet for more detail on the special exception 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-02-07-22-01 which allows for thirty (30) 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 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: 6 of 13 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. Related Info: The Code Enforcement Dept. does not have any complaints for this site. A resident in this same neighborhood had an STRR approval (Docket No. 19100024 SE for Westrick Short Term Residential Rental), but they have since moved out of the neighborhood. Review Comments: The Petitioner addressed all but one planning/zoning review comment, relating to compliance with the Transportation Plan and sidewalk requirement. A sidewalk along the street frontages (or payment into the Non- Reverting Thoroughfare Fund) might be required per UDO Section 1.07. The Petitioner continues discuss this matter with the city. (The project engineer for the recent drainage project in the neighborhood noted that it is impossible to put a sidewalk on Timber Lane. There are a lot of conflicts with culverts, drains, etc. There is also a new large electrical box at the street intersection, where they buried the power lines. It may be the case that if this petition is approved, that we would have a condition of approval for the homeowner that sidewalks be installed at this property (or paid for) at a time if/when the city ever installs sidewalks in the neighborhood…) Petitioner’s Findings of Fact: The BZA Attorney will write up the negative findings of fact. Recommendation: Per the UDO’s direction, the Dept. of Community Services recommends negative consideration of the short term residential rental request (Docket No. PZ-2022-00213 SE). However, if this petition is approved, the condition of working out the sidewalk requirement with the City Engineer is requested. (Please note that if the renewal petition is approved, it is only valid for one (1) year.)