HomeMy WebLinkAboutDepartment Report 06-26-23CARMEL BOARD OF ZONING APPEALS REGULAR MEETING
DEPARTMENT REPORT
MONDAY, JUNE 26, 2023
(SE) Bonilla Short Term Residential Rental (Appeal).
The applicant seeks the following special exception approval for a STRR in a portion of the house:
6. Docket No. PZ-2023-00109 SE UDO Section 2.07 Permitted Uses, Residential Special
Exception. The 1.15-acre site is located at 2918 E. Smoky Row and is zoned R1/Residence (not in any
Subdivision). Filed by Stephanie Maris of Cohen, Garelick & Glazier P.C., on behalf of DBM Group
LLC, owner.
General Info:
• Petitioner seeks approval to rent out the 2nd floor of a 4-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 residential parcel is not located in a platted residential subdivision. It is located on Smoky Row
road. Single family homes are located adjacent to the house to the north, west, and east. Open, vacant land is
located to the south of the site, across the street, currently being used for farm/agricultural uses.
• There does not appear to be a homeowner’s association.
• On-street parking is not allowed; however, off-street parking on the long driveway is allowed.
• 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.
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• 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 BZA Info Packet.
Recommendation:
• The Dept. of Community Services (DOCS) recommends consideration of this petition, 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.