HomeMy WebLinkAboutDept Report HO 08-26-20244 of 10
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, AUGUST 26, 2024
(SE) Bonilla Short Term Residential Rental Renewal.
The applicant seeks the following special exception renewal approval for a STRR in a portion of the house:
3. Docket No. PZ-2024-00119 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 Maris of Cohen, Garelick & Glazier P.C., on behalf of DBM Group LLC, owner.
General Info & Analysis:
• The Petitioner seeks renewal approval to rent out the 2nd floor of a 4-bedroom house in order to operate a
residential Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey,
HomeAway, etc.)
• This is the Mr. Bonilla’s primary residence; he is a permanent resident and a long term lessee of the home.
• The prior BZA docket no. was PZ-2023-00109 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 not located in a platted residential subdivision. It is located on Smoky Row road. Single family
homes are located adjacent to the house to the north, west, and east. Open, vacant land is located to the
south of the site, across the street, currently being used for farm/agricultural uses.
• Please see the Petitioner’s info packet for more detail on the special exception renewal request.
• Since the property is not located in a subdivision, there is no HOA (homeowner’s association).
• On-street parking is not 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 just adopted resolution CC-03-18-24-03 on 03/18/2024 which allows
for 30 specific dates in 2024 where this STRR ordinance is not enforced (freebie dates), such as major
holiday weekends and very large local events.
• 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 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.
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• 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 or violations for this site. And, per the UDO’s
direction, the Planning Dept. can be supportive of this residential special exception renewal request. The
Dept. of Community Services (DOCS) recommends consideration of this special exception renewal
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.)