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HomeMy WebLinkAboutDepartment Report 10-23-2311 of 19 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, OCTOBER 23, 2023 (SE) Kusel Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR: 16. Docket No. PZ-2023-00128 SE UDO Section 2.03 Permitted Uses, Residential Special Exception. The site is located at 11869 Gray Rd. (not in any subdivision). It is zoned S1/Residence. Filed by Aaron Kusel, owner. General Info: • Petitioner seeks approval to rent out a 3-bedroom house, in order to operate a Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway, etc.). • The Petitioner also lives in the house adjacent to this subject site, just to the south, at 11807 Gray Rd. • Per the zoning ordinance, a residential special exception approval from the BZA Hearing Officer is required for STRR’s located in the S1/Residence zoning district. • The subject residential parcel is not located in a platted residential subdivision. Single family homes surround the subject site. • There does not appear to be a homeowner’s association (HOA). • On-street parking is not allowed; however, off-street parking on the long driveway is allowed and provided. • 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 5.73.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 5.73.B spells out the Special Exception Eligibility: A Permanent Resident of a Dwelling located in a Residential District may use the Dwelling as a Short Term Residential Rental Unit if: The Permanent Resident applies for and is granted a Special Exception, pursuant to Section 9.08: Special Exception (Group Homes and Short Term Residential Rentals) hereof (among other requirements). • The UDO Definition of “Resident, Permanent” is a natural person who occupies a Dwelling for at least sixty (60) consecutive days with intent to establish the Dwelling as his or her primary residence. A Permanent Resident may be an owner or a leasee. • UDO Section 5.73.C goes on to list the Required Information for Application: Both the initial application and any renewal application for a Special Exception permit shall contain the following: Information sufficient to show that the applicant is the Permanent Resident of the Short Term Residential Rental Unit…. Permanent residency shall be established by showing that the Unit is listed as the applicant’s residence on at least two (2) of the following: motor vehicle registration; driver’s license; voter registration; tax documents showing the unit as the applicant’s primary residence for a standard homestead credit; or utility bill. (A renewal 12 of 19 application shall contain sufficient information to show that the applicant is a Permanent Resident and has occupied the unit for at least two hundred seventy-five (275) days of the preceding calendar year.) • 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. • 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: • Please provide the filled out Notice of the Public Hearing form/template (found in Handout). • Please submit items 14, 16, and 17 requested from Page 11 of the Special Exception Handout. • A path or sidewalk along the street frontage (or payment into the Thoroughfare Fund) might be required per UDO Section 1.07. Please contact Alex Jordan in the Carmel Engineering Dept. (317-571-2441) for info. • Please submit your filled out Findings of Fact sheet. Final Comments: • The Carmel Code Enforcement Dept. has not received any complaints about this property. • A remonstrance letter from the public points out that the Petitioner might not be eligible to apply for a Special Exception request. Findings of Facts: • Please refer to the Petitioner’s Findings of Facts. Recommendation: • The Dept. of Community Services (DOCS) recommends consideration of this petition, with the condition that if a multiuse path is ever installed along the east side of Gray Rd. by the city, in the immediate area, that the Petitioner will install their segment of multiuse path along their own parcel frontage (or pay what it would cost to construct that section of path into the Thoroughfare Fund) in order to comply with UDO section 1.07 (Transportation Plan Compliance), • The Dept. of Community Services (DOCS) also recommends 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.