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HomeMy WebLinkAboutDepartment Report 02-27-236 of 11 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, FEBRUARY 27, 2023 (SE, V) Messer Short Term Residential Rental / Guest House. The applicant seeks the following special exception approval and development standards variance approval for a STRR in an existing detached accessory building: 7. Docket No. PZ-2023-00020 SE UDO Section 2.07 Residential Special Exception. 8. Docket No. PZ-2023-00026 V UDO Section 5.02 (C)(4) Guest House on less than 1 acre requested (on 0.71 acres). The site is located at 1630 E. 109th St. (not in any subdivision). It is zoned R1/Residence. Filed by Donna Messer, on behalf of Daniel Follis, owner. General Info & Analysis: The Petitioner seeks approval to rent out an existing barn/carriage house accessory building on her site, in order to operate a Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway, etc.). The current structure was built several decades ago and is considered a guest house/carriage house. (BZA variance approval is also being sought to have a guest house on less than 1 acre of land, to bring the site into compliance with the UDO.) 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. (Also, variance approval is sought, to bring the site into compliance regarding a guest house/barn being located on a site that is less than 1 acre in size.) The site is located west of Westfield Blvd., in a small older 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 and variance request. The lot is located in the middle of a small residential neighborhood. There does appear to be is a homeowner’s association. On-street parking is probably not possible, since the street is very narrow; however, there is plenty of off-street parking on the driveway just in front of the detached garage/barn. 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 02-06-23 which allows for 30 specific dates in 2023 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; 7 of 11 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: 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. Final Comments: The Carmel Code Enforcement Dept. has not received any complaints about this property. The Petitioner addressed all but one of the planning/zoning review comments related to the Special Exception process; this one item remains outstanding: Please note that a sidewalk along the street frontage (or payment into the Thoroughfare Fund) might be required per UDO section 1.07. Even through the Engineering Dept. wrote that it would not require this for this submittal, the Planning Dept. would be agreeable to the Petitioner committing to installing a sidewalk along their street frontage (or paying into the Throughfare Fund), if/when the City ever installs sidewalks along 109th Street. Findings of Facts: The BZA attorney will write up the negative findings of fact for the residential special exception for a short term residential rental. Please refer to the petitioner’s Findings of Facts included in their info packet for the variance for the guest house being located on less than one acre. 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 PZ-2023-00020 SE. (Please note that if the special exception petition is approved, the renewal approval is only valid for one year, and the Petitioner’s findings of fact submitted should be adopted.) The Dept. of Community Services (DOCS) recommends positive consideration of this development standards variance request for the existing guest house being located on less than 1 acre of land (PZ-2023-00026 V), with the condition the Petitioner installing a sidewalk along their street frontage (or paying into the Throughfare Fund), if/when the City ever installs sidewalks along 109th Street, and with adoption of the Findings of Fact submitted by the Petitioner.