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HomeMy WebLinkAboutPacket for HO 04-28-25 Stephanie L. Maris smaris@cgglawfirm.com Main: (317) 573-8888 Direct: (317) 819-0518 April 18, 2025 RE: Gorden Short Term Residential Rental (PZ-2025-00050 SE) Jacob Gorden (“Jacob”), as Trustee of the Jacob Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the Property (defined below) and as Trustee of the Mary M. Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the Property, seeks an exception to rent the attached addition to the residence located at 11100 Queens Way Circle, Carmel, Indiana 46032 (the “Property”) on a short term basis through AirBnB and/or VRBO. Initially, Jacob and his wife, Mary Gorden (“Mary”), built the addition for their personal use and to share with family and friends, but they quickly realized that there is a lot of time when the addition is not used. Jacob and Mary remembered the wonderful times they have had as a family staying in short-term rentals and decided that using the addition as a short-term rental would be the perfect way to utilize the addition more and provide an opportunity to host out – of – town guests that are visiting the area for a short time and prefer to have the comforting feel of a home rather than a hotel. The addition provides for a private entrance either through the double doors off of the breezeway or the garage where guests will be able to park their vehicle. The upstairs of the addition provides a sleeping area, fully functioning kitchen, living area, dining room, bathroom and a small bedroom with bunk beds. A washer and dryer is available for guests to use on the first floor, as well as a full bathroom, a fully functioning kitchen, steam room and sauna, basketball gym and a fitness room. If the exception is granted, Jacob and Mary plan to engage a property management company and list the short – term rental on AirBnb and VRBO and implement guidelines and processes (including but not limited to thorough background checks) to ensure that the renters are vetted, qualified, and will uphold the standards of the area and not disrupt the community and the Property. This is a very important aspect for Jacob and Mary as they have young children and want to ensure that upstanding individuals are renting the addition as it is a short walk from the main house. Jacob and Mary currently reside at the residence with their children and both Jacob and Mary would be involved with screening the renters, managing the rental, and providing general administrative support to the guests and conjunction with a property management company. The enclosed information packet provides further details and reasoning to support the granting of the application for an exception for a short term rental. Thank you for your attention to this matter. Very truly yours, Stephanie Maris Statement of Special Exception Request Special Exception – Carmel Board of Zoning Appeals Docket No.: PZ-2025-00050 SE _________________________________ Petitioner: Jacob Gorden, as Trustee of the Jacob Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the property and as Trustee of the Mary M. Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the property________________________________ Jacob Gorden (“Jacob”), as Trustee of the Jacob Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the Property (defined below) and as Trustee of the Mary M. Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the Property, seeks an exception to rent the attached addition to the residence located at 11100 Queens Way Circle, Carmel, Indiana 46032 (the “Property”) on a short term basis through AirBnB and/or VRBO. If the exception is granted, Jacob and Mary plan to engage a property management company and list the short – term rental on AirBnB and VRBO and implement guidelines and processes (including but not limited to thorough background checks) to ensure that the renters are vetted, qualified, and will uphold the standards of the area and not disrupt the community and the Property. This is an especially important aspect for Jacob and Mary as they have young children and want to ensure that upstanding individuals are renting the addition as it is a short walk from the main house. Jacob and Mary currently reside at the residence with their children and both Jacob and Mary would be involved with screening the renters, managing the rental, and providing general administrative support to the guests and conjunction with a property management company Statement of Support Special Exception – Carmel Board of Zoning Appeals Docket No.: PZ-2025-00050 SE _________________________________ Petitioner: Jacob Gorden, as Trustee of the Jacob Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the property and as Trustee of the Mary M. Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the property________________________________ The property located at 11100 Queens Way Circle, Carmel, Indiana 46032 (the “Property”) is owned by the Jacob Gorden Living Trust, dated April 25, 2024 and the Mary M. Gorden Living Trust, dated April 25, 2024 with each trust owning one – half interest in the Property. Jacob Gorden (“Jacob”) and Mary Gorden (“Mary”), the trustees of the trusts that own the Property, live at the residence on the Property with their children and qualify as permanent residence of the Property. Initially, Jacob and Mary built the addition for their personal use and to share with family and friends, but they quickly realized that there is a lot of time when the addition is not used. Jacob and Mary remembered the wonderful times they have had as a family staying in short-term rentals and decided that using the addition as a short-term rental would be the perfect way to utilize the addition more and provide an opportunity to host out – of – town guests that are visiting the area for a short time and prefer to have the comforting feel of a home rather than a hotel. The addition provides for a private entrance either through the double doors off of the breezeway or the garage where guests will be able to park their vehicle. The upstairs of the addition provides a sleeping area, fully functioning kitchen, living area, dining room, bathroom and a small bedroom with bunk beds. A washer and dryer is available for guests to use on the first floor, as well as a full bathroom, a fully functioning kitchen, steam room and sauna, basketball gym and a fitness room. The privacy provided to the guests in the addition will assist in the guests not disturbing the area, but with the main residence connected by the breezeway, Jacob and Mary will be able to provide assistance to the guests or address any issues that may arise. Jacob and Mary plan to engage a property management company and list the short – term rental on Airbnb and VRBO and implement guidelines and processes (including but not limited to thorough background checks) to ensure that the renters are vetted, qualified, and will uphold the standards of the area and not disrupt the community and the Property. This is an especially important aspect for Jacob and Mary as they have young children and want to ensure that upstanding individuals are renting the addition as it is a short walk from the main house. Renters will be subject to quiet hours, limitations on the number of visitors, and other appropriate rules and regulations so as to not disrupt the Property or other owners in the area. The Property sits on 5.77 acres and there is ample distance between the residence and the neighboring properties. The distance between the neighboring properties safeguards against the use of the addition as a short – term rental disturbing the neighbors in the area. The residence is not subject to a HOA as the HOA was disbanded in 1997 and there are no covenants and restrictions which prohibit a short term rental. Additionally, the residence is set back from the street, and Jacob and Mary will allow the guests to utilize the garage connected to the addition for parking so the vehicular and pedestrian traffic in the area will not be impeded. Jacob and Mary understand the importance of maintaining the integrity of the residential and familial nature of the area and, with a young family themselves, they have incentive to and will strive to uphold the integrity and quality of the area while providing short term lodging to those visiting the area. FINDINGS OF FACT - SPECIAL EXCEPTION CARMEL BOARD OF ZONING APPEALS (Petitioner fills out 1-3 + first 2 blanks) Docket No.: PZ-2025-00050 SE _________________________________ Petitioner: Jacob Gorden, as Trustee of the Jacob Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the property and as Trustee of the Mary M. Gorden Living Trust, dated April 25, 2024 which owns one-half interest in the property________________________________ 1. The approval of this Special Exception will not negatively affect surrounding property values because: The residence will continue to be an owner-occupied home with the trustees of the trusts who own the property, Jacob and Mary Gorden, occupying the main house. The addition connected to the main house will be rented to qualified and screened renters on a short term basis. Jacob and Mary Gorden plan to engage a property management company and list the short – term rental on AirBnB and VRBO and implement guidelines and processes (including but not limited to thorough background checks) to ensure that the renters are vetted, qualified, and will uphold the standards of the area and not disrupt the community and the residence. This is an especially important aspect for Jacob and Mary Gorden as they have young children and want to ensure that upstanding individuals are renting the addition as it is a short walk from the main house. 2. This Special Exception will be compatible with existing land uses in the neighborhood because: The residence shall continue to be used for residential purposes and shall not have more than a certain number of guests who will be required to abide by quiet hours and other rules and regulations. The intent is to rent the entire addition to one renter/family so there should not be any inconsistency with the existing land use. 3. Vehicular and pedestrian traffic in and around the premises will not be substantially affected by this Special Exception because: Guests will be permitted to park in the garage connected to the addition. The driveway can also accommodate several vehicles without impeding or interfering in any manner with street traffic. The intent is to rent the entire addition to one renter/family so there should not be a significant increase in vehicular or pedestrian traffic. DECISION ____Yes ____No: The Board has reviewed the requirements of UDO Section 5.73 as they relate to this Special Exception, and does not find that those criteria prevent the granting of the Special Exception. IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Special Exception Docket No. PZ-2022- 00018 SE is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this _______ day of ________________, 20__. ___________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals ___________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed in the Letter of Grant.