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Home My WebLink AboutMinutes BZA 06-26-23 • 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: BZA Meeting Minutes 6-26-23 2 Grabow: Can the Petitioner walk us through the pictures that were provided?Is there direct access to the second floor?Rocio Bonilla,property owner:Explains the photos of the exterior of the home, driveway, and backyard. There's a separate staircase to access the second floor. Grabow: What's the process of screening guests?Rocio Bonilla: We will target traveling nurses and screen each our guests.Potasnik: Is it your intention to target your traveling nurse guests for a short amount of time or maximum amount of time?Rocio Bonilla: It varies but we would rather have them stay for 30 days Potasnik: Would the traveling nurses see their patients at this home?Rocio Bonilla:Never at this home.Potasnik: Does the length of time request fall in-line with the UDO?Angie Conn: Short term residential rentals are defined as 30 days or less per lease. Hawkins: Does the second floor include a kitchen and living room?Rosio Bonilla:Yes, includes kitchen, bathroom,dining,and living room.Hawkins: This seems like this is a double/duplex.Is this a zoning issue,then a STRR?Angie Conn: If they were seeking to lease it out for more than 30 days,then it would be a potential land use violation for a duplex unit instead of a single-family unit York: Are you specifically targeting just to travel nurses,or would you allow others?Rosio Bonilla: We will target traveling nurses. We will screen all of our applicants and make exceptions for families and others. A Motion made by Grabow and seconded by York to approve Docket No.PZ-2023-00109 SE. Tie 2-2,Hawkins,Potasnik,absent Dierckman. This item is automatically tabled to the next BZA meeting on July 24, 2023, since the vote ended in a tie vote. (SUA,CA)Martin Marietta-Mueller Property South Amendment. The applicant seeks the following special use amendment and commitment amendment approvals: 4. Docket No. PZ-2023-00112 SUA UDO Section 2.03 Special Use Amendment. I5. Docket No. PZ-2023-00090 CA Instr.Nos.200500006560 and 200500054117 Commitment Amendment. The site is located at 5345 E. 106th St.,at the southwest corner of 106th St. and Hazel Dell Pkwy. It is zoned S1/Residence and is partially in the SFHA/Special Flood Hazard Area. Filed by Timothy Ochs of Ice Miller LLP on behalf of E&H Mueller Development LLC. (SUA,CA)Martin Marietta-Mueller Property North Amendment. The applicant seeks the following special use amendment and commitment amendment approvals: 6. Docket No. PZ-2023-00113 SUA UDO Section 2.03 Special Use Amendment. 7. Docket No. PZ-2023-00091 CA Instr.Nos. 200500040447 and 2009039061 Commitment Amendment. The site is located at 10750 River Rd. (aka 10750 Hazel Dell Pkwy),at the northwest corner of 106th St. and Hazel Dell Pkwy. It is zoned S1/Residence and is partially in SFHA/Special Flood Hazard Area.Filed by Timothy Ochs of Ice Miller LLP on behalf of E&H Mueller Development LLC. Petitioner: Tim Ochs: • This project dates back to 2005 when the first requests for sand and gravel operations were done. We are requesting a minor expansion of the area to be mined.If approved this expands the life expectancy of the operations.Presented a map of the proposed expansion areas of the north and south properties • We met with the residents of Kingswood subdivision and had individual meetings with property owners. We made agreements with the four property owners who are directly north of the northern expansion area. • Presented the landscape plan. Our plan was reviewed by the Urban Forester.A landscaping mound with tree plantings will be included along 106th Street and Hazel Dell Pkwy. • The general concepts of the reclamation plan stay the same. They will follow the guidelines of the Indiana Mineral Aggregates Association(IMAA). • What is being proposed tonight is consistent with our 2005 settlement agreement • When this is completed,the entirety of the property north of 106th will be given to the City of Cannel. Grass and plantings will be made,and the correct slopes will be done prior to this. We will dedicate an additional ROW along 106th Street so it is consistent with the 2023 Throughfare Plan. • Present Kingswood Subdivision Plat, in 2009,an additional 60 ft was given in the rears of each Kingswood BZA Meeting Minutes 6-26-23 3