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HomeMy WebLinkAboutDetermination LetterCITY OF CARMEL JAAIE,s BRAIN-AKD, MAYOR February 1, 2023 Donna Messer Original Via Email: messer.aada acgmaj l.co:n 1630 E. 109th St. Carmel, IN 46280 RE: Director's Determination, Short Term Residential Rental Application for Detached Accessory Building (Related to Board of Zoning Appeals Docket No. PZ-2023-00020 SE) Dear Ms. Messer: You recently submitted a Special Exception application to request Short Term Residential Rental approval for an existing detached accessory building on the property located at 1630 E. 109th Street. The Unified Development Ordinance (UDO) defines a 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. However, your special exception request does not involve the primary Dwelling, but an accessory building (barn/guest house), thereof. Your application also mentions the existing barn as being a guest house. The UDO defines Guest House as the following: Living quarters within a detached accessory building located on the same premises with the main residence buildingfor use by temporary guests of the occupants of the main residence building, and not rented or otherwise used as a separate Dwelling. However, you are seeking approval to rent out this Guest House for short term residential rentals. Additionally, the Guest House on your property is a Legal Non -conforming use today because the UDO requires property to be at least one -acre in area for that use to be allowed. A Variance of the one -acre standard will also be necessary with your Short Term Residential Rental petition in order to bring the property into compliance with the UDO. Pursuant to Carmel Unified Development Ordinance ("UDO") Section 9.08.(B)(3), it is my responsibility to review the Application to determine whether it is both complete and in technical compliance with all applicable ordinances, laws, and regulations. Upon review, your Special Exception request for a Short Term Residential Rental will be allowed to be placed on a meeting agenda of a Board of Zoning Appeals Hearing Officer. This letter and the conclusions herein shall constitute an official determination of the Director. If you or any interested party disagrees with this determination, they have the right to speak at the Public Hearing for the Special Exception application. Sincerely, 1 Michael .1-1olliba Director Copy: Jon Oberlander, Corporation Counsel Department of Community Services One Civic Square, Carmel, IN 46032 Phone 317.571.2417, Web: www.carmeldocs.com Michael P. Hollibaugh, Director