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HomeMy WebLinkAboutPacket for BZA 06-26-23COHEN GARELICK & GLAZIER A Professional Corporation of Attorneys at Law Stephanie L. Maris smaris@cgglawfirm.com Main: (317) 573.8888 Direct: (317) 819-0518 cgglawfirm.com June 15, 2023 RE: Bonilla Short Term Residential Rental (PZ-2023-00109 SE) DBM Group LLC, whose members are comprised of Manuel Bonilla ("Manuel"), Rocio Bonilla ("Rocio"), and Rolando Bonilla, "), seek an exception to rent the recently remodeled second floor of the residence located at 2918 E Smoky Row, Carmel, Indiana 46033 on a short term basis through AirBnB. DBM Group LLC requests the Cannel Board of Zoning Appeals approve Petitioner's short term rental exception as DBM Group LLC's target renter will be travel nurses and their families who are relocating to the area on a temporary basis to provide nursing services. While travel nurses will be DBM Group LLC's target renter, other types of qualified and screened renters will be able to rent the second floor through AirBnB. DBM Group LLC is committed to renting only to responsible individuals who will treat the property with respect and not disrupt the neighborhood. DBM Group LLC will achieve this goal by screening renters, limiting the number of occupants permitted to rent the second floor of the residence at a time, and instituting quiet hours. Additionally, Manuel will monitor the renters and enforce the quiet hours and guidelines as he will continue to reside at the residence during the time in which it is rented and Manuel's father lives next door so DBM Group LLC has additional incentive to ensure that renters are respectful. Rocio will also assist in managing the property and currently manages several successful AirBnB locations, is very familiar with the process, and would screen the renters, manage the rental, and provide general administrative support. Rocio also makes several visits per year to the residence to visit her brother and her father, who lives next door, and would continue to do so to assist in maintaining the property. The enclosed information packet provides further details and reasoning to support the granting of DBM Group LLC's application for an exception for a short term rental. Thank you for your attention to this matter. Very truly yours, Stephanie Maris www.cgglawfirm.com 8888 Keystone Crossing Blvd., Suite 800 Indianapolis, Indiana 46240-4636 Phone 317-573-8888 Fax 317-574-3855 Statement of Request for Special Exception Request Special Exception — Carmel Board of Zoning Appeals Docket No.: PZ-2023-00109 SE Petitioner: DBM Group LLC DBM Group LLC, whose members are comprised of Manuel Bonilla ("Manuel"), Rocio Bonilla ("Rocio"), and Rolando Bonilla ("Rolando"), seek an exception to rent the recently remodeled second floor of the residence located at 2918 E Smoky Row, Carmel, Indiana 46033 on a short term basis through AirBnB. DBM Group LLC requests the Board approve Petitioner's request for a short term rental exception as DBM Group is committed to renting only to responsible individuals who will treat the property with respect and not disrupt the neighborhood. DBM Group LLC's target renter will be travel nurses and their families who are relocating to the area on a temporary basis to provide nursing services. While travel nurses will be DBM Group LLC's target renter, other types of qualified and screened renters will be able to rent the second floor through AlrBnB. DBM Group LLC will achieve this goal by screening renters, limited the number of occupants permitted to rent the second floor of the residence at a time, and instituting quiet hours. Additionally, Manuel will monitor the renters and enforce the quiet hours and guidelines as he will continue to reside at the residence during the time in which it is rented and Manuel's father lives next door so DBM Group LLC has additional incentive to ensure that renters are respectful. Rocio will also assist in managing the property and currently manages several successful AirBnB locations, is very familiar with the process, and would screen the renters, manage the rental, and provide general administrative support. Rocio also makes several visits per year to the residence to visit her brother and her father, who lives next door, and would continue to do so to assist in maintaining the property. Statement of Support Special Exception — Carmel Board of Zonine Appeals Docket No.: PZ-2023-00109 SE Petitioner: DBM Group LLC The residence located at 2918 E Smoky Row, Carmel, Indiana46033 was gifted to Manuel Bonilla ("Manuel"), Rocio Bonilla ("Rocio"), and Rolando Bonilla by their father. The siblings formed an entity, DBM Group LLC (of which they are all owners/members), and transferred the deed for the property to the entity. Manuel currently resides at the residence as a lessee pursuant to a lease with DBM Group LLC and qualifies as a permanent resident of the property. During the pandemic and thereafter, the siblings realized that there was a need for temporary housing in the area for travel nurses and their families who were relocating on a short term basis to provide much needed nursing services. As a result, it was determined that the recently remodeled second floor of the residence would provide more than adequate temporary housing for travel nurses and their families and DMB Group LLC began the process of seeking a special exception to permit the short term rental of the second floor. Renting the second floor of the residence will assist in providing much needed housing to professionals temporarily relocating to the area forwork and will also assist in offsetting the expenses of maintaining the residence. While travel nurses will be DBM Group LLC's target renter, other types of qualified and screened renters will be able to rent the second floor through AirBnB. Rocio, who resides in Florida, manages several successful AirBnB locations, is very familiar with the process, and would screen the renters, manage the rental, and provide general administrative support. Rocio makes several visits per year to the residence to visit her brother and her father, who lives next door, and would continue to do so to assist in maintaining the property. Manuel would continue to reside in the residence during the duration of the time that the residence is used as a rental and the siblings' father lives next door so DBM Group LLC has additional incentive to ensure that renters are respectful. Additionally, the siblings' father will be able to assist in monitoring the rental as needed if Manuel is out of town due to work or vacation. Renters will be subject to quiet hours, limitations on visitors, and other appropriate rules and regulations so as to not disrupt the property or other owners in the area. The residence is not subject to a HOA and there are no covenants and restrictions which prohibit a short term rental. The residence is in an ideal location, set back from the street, with ample parking so as to not impede or interfere with vehicular or pedestrian traffic in the area. DBM Group LLC, and its owners, understand the importance of maintaining the integrity of the residential and familial nature of the area and will strive to uphold the same while providing short term lodging to those visiting the area. FINDINGS OF FACT - SPECIAL EXCEPTION CARMEL BOARD OF ZONING APPEALS (Petitioner fills out 1-3 + first 2 blanks) Docket No.: PZ-2023.00079 SE Petitioner: DBM Group LLC 1. The approval of this Special Exception will not negatively affect surrounding property values because: The residence will continue to be an owner -occupied home with the current lessee Manuel Bonilla occupying the first floor of the residence and the entire second floor being rented to qualified and screened renters on a short term basis The target renter will be travel nurses and their families who need temporary housing while they are providing services in the surrounding areas on a short-term basis However, other types of qualified and screened renters will be able to rent the home through AirBnB 2. This Special Exception will be compatible with existing land uses in the neighborhood because: The residence shall continue to be used for residential purposes and shall not have more than a certain number of quests who will be required to abide by quiet hours and other rules and regulations The intent is to rent the entire second floor to one renter/family so there should not be any inconsistency with the existing land use. 3. Vehicular and pedestrian traffic in and around the premises will not be substantially affected by this Special Exception because: The driveway contains parking spaces next to the residence which are situated far from the street The driveway can accommodate several vehicles without impeding or interfering in any manner with street traffic. The intent is to rent the entire second floor to one renter/family so there should not be a significant increase in vehicular or pedestrian traffic DECISION Yes No: The Board has reviewed the requirements of LIDO Section 5.73 as they relate to this Special Exception, and does not find that those criteria prevent the granting of the Special Exception. IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Special Exception Docket No, PZ-2022- 00018 SE is granted, subject to any conditions slated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of , 20. CHAIRPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed in the Letter of Grant. 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