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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, OCTOBER 23, 2023
(SE) Rupsis Short Term Residential Rental Renewal.
The applicant seeks the following special exception renewal approval for a STRR unit:
4. Docket No. PZ-2023-00217 SE UDO Section 2.09 Permitted Uses, Residential Special
Exception. The site is located at 4423 E. 116th St. (Woodland Green Subdivision Lot 2). It is zoned
R2/Residence. Filed by Ms. Corey Rupsis (formerly Humphress), owner.
General Info & Analysis:
• The Petitioner seeks renewal approval to operate a Short Term Residential Rental (STRR) use, to rent out a
three-bedroom house. A prior renewal request was approved in 2022 for one year, with BZA Docket No.
PZ-2022-00171 SE . (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 R2/Residence zoning district. The site is located on the perimeter of an established
single family neighborhood that is located south of Brookshire Golf Course. It is located on busy 116th
Street. Single family homes surround the subject property. There does not appear to be a Woodland Green
Homeowners Association. On-street parking is not allowed, due to 116th Street being a Primary Arterial
Street, but there is plenty of off-street parking on the driveway, and possibly in the 2-car garage.
• Please see the Petitioner’s info packet for more detail on the special exception renewal request.
• 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 5.73.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 and for the Basis of Approval or Rejection:
Basis of Review: A Hearing Officer, in reviewing a Special Exception application, shall give consideration to
the particular 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.
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
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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.
Review Comments:
• Please provide the filled out & notarized Placement of Public Notice Sign Placement Affidavit form (found
in handout/application) once the sign is placed.
• Please provide the filled out & notarized Petitioner’s Affidavit of Notice of Public Hearing form).
• Please provide the filled out Notice of the Public Hearing form/template (found in handout/application).
Petitioner’s Findings of Fact:
• Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
• The Code Enforcement Dept. does not have any violations or complaints about this site, so the
Planning/Zoning Division is supportive of this residential special exception renewal request. The Dept. of
Community Services recommends positive consideration of this special exception renewal request,
• The Dept. of Community Services also recommends the adoption of the Petitioner’s Findings of Fact.
• (Please note that if the renewal petition is approved, it is only valid for one (1) year.)