HomeMy WebLinkAboutDepartment Report 04-24-23CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, APRIL 24, 2023
(SE) Renewal, Kedanis Short Term Residential Rental.
The applicant seeks the following special exception renewal approval for an existing STRR unit:
3. Docket No. PZ-2023-00058 SE UDO Section 2.09 Permitted Uses, Residential Special
Exception. The site is located at 131 Beechmont Dr. (Harrowgate Subdivision Lot 72). It is zoned
R2/Residence. Filed by Karen (Lukovic) Kedanis, owner.
General Info:
• Petitioner seeks approval to rent out 3 bedrooms in a 4-bedroom house, in order to operate a Short Term
Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway, etc.).
• The Petitioner received several annual renewal approvals, already. The prior approval last year was Docket
No. PZ-2022-00039 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 subject lot is located in the heart of a residential district; it does not lie on the neighborhood perimeter.
Single family detached homes surround the site.
• There does not appear to be an official homeowner’s association.
• It appears that on-street parking is allowed, and there is off-street parking on the driveway.
• Please see the Petitioner’s info packet for more detail on the special exception request.
Analysis:
• 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: 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.
• UDO Section 9.08 also lists out the criteria for the 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.
Remaining Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final Comments:
• The Carmel Code Enforcement Dept. has not received any complaints about this property.
Findings of Facts:
• Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
• The Dept. of Community Services (DOCS) recommends consideration of this petition. If approved, the
Petitioner’s findings of fact should also be adopted.
• Please note that if the special exception renewal petition is approved, it is only valid for one year.