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Board of Zoning Appeals
Meeting Minutes
Monday,June 26, 2023
Location: Cannel City Hall Council Chambers,2°d Flr., 1 Civic Sq.,Cannel,IN 46032
Members Present: Brad Grabow,Jim Hawkins(Vice President),Alan Potasnik,Leah York
Members Absent: Leo Dierckman(President)
DOCS Staff Present: Angie Conn(Planning Administrator),Joe Shestak(Recording Secretary),Mike Hollibaugh(Director)
Legal Counsel: Sergey Grechukhin,Allison Lynch-Mcgrath
Time of Meeting: 6:00 PM
Approval of Minutes and Findings of Facts from Previous Meeting:
A Motion made by Grabow and seconded by Potasnik to approve the minutes from the May 22,2023 meeting.
Approved 4-0,absent Dierckman.
Reports,Announcements,Legal Counsel Report,and Department Concerns:Angie Conn:
• Error on the meeting agenda.(V)L'Etoile Variances was heard at last month's meeting, so it should be heard under
Old Business. We ask the Board to reorder the agenda to include(V)L'Etoile Variances last on the agenda.
A Motion made by York and seconded by Grabow to reorder the agenda, so that(V)L'Etoile Variances is heard last.
Approved 4-0,absent Dierckman.
Public Hearings
TABLED TO JULY 24-(V)Perma Pools Sign Variance.
1.
(SE)Alhassoon Short Term Residential Rental(Appeal).
The applicant seeks the following special exception approval for a STRR:
2. Docket No. PZ-2023-00106 SE UDO Section 2.07 Permitted Uses,Residential Special
Exception. The site is located at 103 E. 106th St. (Penn View Heights Subdivision,Lots 1 &2).It is zoned
Rl/Residence and West Home Place Commercial Corridor Sub-Area, Low Intensity. Filed by Elham Alhassoon and
Ahmad Al-Maaitah,owners.
Petitioner: Elham Alhassoon,owner:
• If we are approved,we will take care of this property very well
Public Comments:
Timothy Powell,Penn Drive: Since the Petitioner took over this property,there was a large party at this property.
People were parking all over my street. The police were called. People from this party were smoking pot in the
street by my house. There's not enough parking for an event or parties. They only have two parking spaces on their
driveway. I don't understand the Ordinance and allowing Special Exceptions. This should be zoned as commercial
property if they are going to host events and act as a rental business.
Rebuttal to Public Comments: Elham Alhassoon:
• If we are approved,we would only be renting to families of 5 or less,and parties would not be allowed
• The incident Mr. Powell described was our family party. We did not rent it out during that time.
• We hired a neighbor to take care of the exterior of the home such as mowing the grass and picking up trash
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BZA Meeting Minutes 6-26-23
• The property is in good condition,compared to what it was like by the previous owner
Department Report: Angie Conn:
• Code Enforcement has sent out violations to this property for tall grass and weeds,and the operation of a
short-term residential rental with out Special Exception approval
• Since the initial hearing in May,the property owners have maintained their yard
• The property owner stated in their application they want to use this site for an investment property. Their
plans for the future to rezone the land for commercial uses. One use they proposed was used car sales
• The Petitioner does not live at this site and have hired someone to help maintain the property
• The Petitioner Staff is not supportive of this SE request,and we ask the BZA attorney to write up the
negative findings of fact.
Board Comments:
Potasnik: Why did submit your info packet late?Elham Alhassoon: We applied for the SE application when we
received the violation letter from Code Enforcement.
Potasnik: Tonight,we received concerns from a neighbor how this rental is impacting his property. How are you
going to enforce these issues when you don't live here?Elham Alhassoon: We have outdoor cameras. We have
rules for our guests.Airbnb has a$1 million insurance policy.If there are any problems,we can be at the property
in 5 minutes.
Hawkins: Is this home one or two levels?Is one or two units?Is anyone else living at this property?Elham
Alhassoon: One level,one unit. We will only rent to one family at a time.No one is living in this house full time.
Sometimes my husband's brother is here,but if we are approved,he would not be living there.
Grabow: Is this property currently listed on Airbnb?When did you purchase this property?Elham Alhassoon:
Current it is not listed on Airbnb. It was listed earlier in the year,then the City issued a violation letter,and we took
down our listing. We purchased this property in June 2022.
A Motion made by Grabow and seconded by Potasnik to deny Docket No.PZ-2023-00106 SE.
Approved 4-0 to deny PZ-2023-00106 SE,absent Dierckman.
(SE)Bonilla Short Term Residential Rental(Appeal).
The applicant seeks the following special exception approval for a STRR in a portion of the house:
3. 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 Mans of Cohen,Garelick&Glazier P.C.,on behalf of DBM Group LLC,owner.
Petitioner:Joshua Robertson,Cohen,Garelick& Glazier P.C.:
• This entity consisted of 3 siblings that inherited this property from their father.
• Father lives next door. One of the siblings resides full-time at the property on the first floor.
• The second floor of this property will only be rented out
• This property is not part of an HOA
• All parking will be provided on the long driveway.No street parking is available in this area.
• Our ideal target renters would be traveling nurses
Public Comments: None
Department Report: Angie Conn:
• One of the owners will live on the Pt floor of the house and will rent out the 2nd floor of the house
• Carmel Code Enforcement has not received any complaints from this property
• Staff recommends consideration of this request and the adoption of the Petitioner's findings of fact
Board Comments:
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