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HomeMy WebLinkAboutDepartment Report 04-24-23CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, APRIL 24, 2023 (SE) Ellis Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR in half of a two-family dwelling: 9. Docket No. PZ-2023-00080 SE UDO Section 2.11 Residential Special Exception. The site is located at 10662 Broadway Ave. (Dixie Hi-Way Subdivision, part Lot 20). It is zoned R3/Residence and Home Place Overlay. Filed by James Dean Ellis, owner. General Info: • Petitioner seeks approval to rent out half of his duplex in order to operate a Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway, etc.). It will be half of a duplex (two-family dwelling unit). The Petitioner lives in the other half of the duplex. • The Petitioner lives in one half of the duplex and requests to rent out the other half, which has 3 bedrooms. • Per the zoning ordinance, a residential special exception approval from the BZA Hearing Officer is required for STRR’s located in the R3/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 homes and Two-Family Dwellings are located around the subject site. • There does not appear to be a homeowner’s association. • On-street parking is allowed; however, 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. 14 of 15 • 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: • Please note that a sidewalk along the street frontage (or payment into the Thoroughfare Fund) might be required per UDO section 1.07. Please contact Alex Jordan in the Carmel Engineering Dept. (317-571-2441) or David Littlejohn in the Carmel Planning & Zoning Dept. (317-571-2417) for more info. Final Comments: • The Carmel Code Enforcement Dept. has not received any complaints about this property. • The Petitioner plans to hire a third party to manage the unit. • The Planning Dept. requests the Hearing Officer consider a condition of approval: if/when sidewalks are installed along this street by the city, the Petitioner will install the sidewalk along their street frontage OR pay into the Thoroughfare Fund what it would cost to install their portion of the sidewalk. Findings of Facts: • Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet. Recommendation: • The Dept. of Community Services (DOCS) recommends consideration of this petition with the condition if/when sidewalks are installed along this street by the city, then the Petitioner will install the sidewalk along their street frontage OR pay into the Thoroughfare Fund what it would cost to install their portion of the sidewalk, and the adoption of the Findings of Fact. • Please note that if the special exception renewal petition is approved, it is only valid for one year.