HomeMy WebLinkAboutDept Report 01-22-245 of 15
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JANUARY 22, 2024
(SE) Davis Short Term Residential Rental Renewal.
The applicant seeks the following special exception renewal approval for a STRR unit:
5. Docket No. PZ-2023-00289 SE UDO Section 2.07 Residential Special Exception approval
required for Short Term Residential Rental use. The site is located at 3870 Coventry Way (Brookshire
Subdivision, Lots 316 & Part 317). It is zoned R1/Residence. Filed by Suzan Davis, owner.
General Info & Analysis:
• The Petitioner seeks renewal approval to operate a Short Term Residential Rental (STRR) use, to rent
out rooms in a four-bedroom house. Prior renewal requests were approved for 1 year, with BZA Docket
Nos. PZ-2020-00181 SE and PZ-2022-00140 SE.
• This is the Petitioner’s primary residence, and they do utilize the homestead deduction on their property
taxes.
• (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 R1/Residence zoning district.
• The site is located just south of 126th St. in the neighborhood just south of Mohawk Trails elementary
school. Single family homes surround the subject property. The owner does plan to be in the house when
rooms are rented out. 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. (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:
• 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:
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.
6 of 15
• 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.
Review Comments:
• The Petitioner has addressed all planning/zoning review comments.
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 complaints for this site. The Planning/Zoning Division
is supportive of this residential special exception renewal request. The Dept. of Community Services
recommends positive consideration of this petition, and with 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.)