HomeMy WebLinkAboutDepartment Report 04-22-248 of 11
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, APRIL 22, 2024
(SE) Ellis Short Term Residential Rental Renewal.
The applicant seeks the following special exception renewal approval for a STRR in half of a two-family
dwelling:
7. Docket No. PZ-2024-00052 SE UDO Section 2.11 Permitted Uses - Residential Special
Exception. The site is located at 10662 Broadway Ave. (Dixie Hi-Way Subdivision, part Lot 20). It is
zoned R3/Residence and Home Place Overlay. Filed by James Dean Ellis, owner.
General Info & Analysis:
• The Petitioner seeks renewal approval to rent half of their duplex in order to operate a residential Short
Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway, etc.)
• This is the Petitioner’s primary residence, and they do claim the homestead deduction on property taxes.
• The prior BZA docket no. was PZ-2023-00080 SE.
• Per the zoning ordinance, a residential special exception approval from the BZA Hearing Officer is required
for STRR’s located in the R3/Residence zoning district. The site is located in the heart of a residential
district; it does not lie on the neighborhood perimeter. Single family homes and other two-family dwellings
are located in the immediate area.
• Please see the Petitioner’s info packet for more detail on the special exception renewal request.
• The lot is located in the middle of Dixie Hi-Way Subdivision. There does appear to be a homeowner’s
association.
• On-street parking is allowed, however there is off-street parking available on the 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: 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.
9 of 11
• 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:
• 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,
with the condition that the Petitioner agrees to installing a sidewalk along their street frontage (or paying into
the Thoroughfare Fun) if/when the City ever installs sidewalks along Broadway Ave.
• (Please note that if the petition is approved, the renewal approval is only valid for one year.)