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HomeMy WebLinkAboutDepartment Report 04-24-23CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, APRIL 24, 2023 (SE) Alhassoon Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR: 7. Docket No. PZ-2023-00077 SE UDO Section 2.07 Residential Special Exception. The site is located at 103 E. 106th St. (Penn View Heights Subdivision, Lots 1 & 2). It is zoned R1/Residence and West Home Place Commercial Corridor Sub-Area, Low Intensity. Filed by Elham Alhassoon and Ahmad Al-Maaitah, owners. General Info: • Petitioner seeks approval to rent out a 3-bedroom house, in order to operate a Short Term Residential Rental (STRR) use. (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 R1/Residence zoning district. • The subject lot is located on the perimeter of a residential district. Single family homes are located north, south, and east of the site, while office/business uses are located west of the site across Pennsylvania St. • There does not appear to be an active homeowner’s association. • On-street parking is not allowed; however, there is a driveway and a 2-car attached garage. • 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 UDO defines Resident, Permanent as a natural person who occupies a Dwelling for at least 60 consecutive days with intent to establish the Dwelling as his or her primary residence. A Permanent Resident may be an owner or a leasee. • 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 02-06-23-08 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. • The UDO lists criteria for Special Exception Eligibility: A Permanent Resident of a Dwelling located in a Residential District may use the Dwelling as a Short Term Residential Rental Unit if: 1. The Permanent Resident applies for and is granted a Special Exception, pursuant to Section 9.08: Special Exception (Group Homes and Short Term Residential Rentals) hereof. 2. The Permanent Resident maintains a valid Registered Retail Merchant Certificate; and 3. The Permanent Resident posts a clearly printed sign inside his or her Dwelling on the inside of the front door that provides information regarding the location of any fire extinguishers in the unit and building, gas shut off valves, fire exits, or pull fire alarms. • 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. sent a violation letter on March 15, 2023 because the property owner was listing and operating a short term residential rental without proper special exception BZA approval. • The property owners want to use this site as an investment property, as stated in their variance application. • The Petitioners list 13108 Harrison Dr. as their home address, and not the address of this subject site. • City Staff has had some difficulties/challenges working with the Petitioners in the past, related to other permits/applications that they have submitted for. • The Planning Dept. does not support this residential special exception request. Findings of Facts: • The BZA Attorney will write up the Negative Findings of Fact. Recommendation: • The Dept. of Community Services (DOCS) recommends negative consideration of this petition, and with the BZA attorney to write up the negative findings of fact. • Please note that if the special exception renewal petition is approved, it is only valid for one year.