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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JANUARY 22, 2024
(SE) Larson Short Term Residential Rental Renewal.
The applicant seeks the following special exception renewal approval for a STRR unit:
4. Docket No. PZ-2023-00288 SE UDO Section 2. Residential Special Exception approval required
for Short Term Residential Rental use. The site is located at 377 Patricia Court (Woodland Springs
Subdivision, Lot 377). It is zoned R1/Residence. Filed by Christine and Kurt Larson, owners.
General Info & Analysis:
• The Petitioner seeks renewal approval to rent out most of a 4-bedroom 3-bathroom house in order to
operate a Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO,
FlipKey, HomeAway, etc.) As with the prior approval, it is anticipated that the Petitioner will limit
guests to two adults and two children, total.
• This is the Petitioner’s primary residence, and they do claim the homestead deduction on property taxes.
• Their prior BZA docket no. was PZ-2020-00088 SE.
• 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 site is located east of Keystone
Pkwy. and south of Carmel Dr, in the Woodland Springs neighborhood. Single family homes are located
adjacent to the house to the north, south, west, and east. Please see the Petitioner’s info packet for
more detail on the special exception renewal request.
• The lot is located in the middle of the Woodland Springs neighborhood. There does appear to be a
homeowner’s association, and the Petitioner has written approval from the HOA to operate an
AirBNB as long as they are present when guests stay and as long as no more than four guests stay
per rental period. On-street parking is allowed, but there is plenty of off-street parking on the long
driveway.
• 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. (A 2024 resolution is forthcoming.)
• 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 and for the Basis of Approval or
Rejection:
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• 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:
o Surrounding zoning and land use;
o Access to public streets;
o Driveway and curb cut locations in
relation to other sites;
o Parking location and arrangement;
o Trash and material storage;
o Necessary exterior lighting; and
o 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:
o The economic factors related to the proposed Special Exception, such as cost/benefit to the
community and its anticipated effect on surrounding property values;
o 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
o 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.
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 complaints for this site. Per the UDO’s direction, the
Planning Dept. can be supportive of this residential special exception request renewal. The Dept. of
Community Services (DOCS) recommends consideration of this special exception request.
• (Please note that if the petition is approved, the renewal approval is only valid for one year, and the
Petitioner’s findings of fact should be adopted.)