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Home My WebLink AboutDept Rept 06-23-2510 of 12 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, JUNE 23, 2025 (SE) Cain Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR unit: 4. Docket No. PZ-2025-00099 SE UDO Section 2.03 Permitted Uses, Residential Special Exception approval required for a Short Term Residential Rental use. The 0.70-acre site is located at 10470 Roxley Bend (Windsor Grove II, Lot 9). It is zoned S1/Residence. Filed by Stephanie Gilbert of Zenwave on behalf of Vivian Cain, owner. General Info: • Petitioner seeks approval to rent out a 5 bedroom, 6 bathroom house to operate a Short Term Residential Rental (STRR) use. (Familiar STRR terms are Airbnb, Vrbo, FlipKey, HomeAway, etc.) • A Short Term Residential Rental land use is considered a residential use. • Per the zoning ordinance, a residential special exception approval from the BZA Hearing Officer is required for STRR’s located in the S1/Residence zoning district. • The subject residential lot is located on a cul-de-sac in Windsor Grove II subdivision. • Single family homes surround the subject site. • On-street parking is allowed; however, off-street parking on the driveway will be provided. • The management company for the neighborhood wrote that there are no neighborhood covenants or restrictions against the proposed use. There does also appear to be an HOA (Homeowners Association). • Please see the Petitioner’s info packet for more detail on the special exception request. Analysis: • 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. Also, City Council adopted resolution CC-02-17-25-02 on February 17, 2025 which allows for 30 specific dates in 2025 where this STRR ordinance is not enforced (freebie dates), such as major holiday weekends and very large local events. • Under UDO Section 5.73.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 5.73.B spells out the Special Exception Eligibility: A Permanent Resident of a Dwelling located in a Residential District may use the Dwelling as a Short Term Residential Rental Unit if: The Permanent Resident applies for and is granted a Special Exception, pursuant to Section 9.08: Special Exception (Group Homes and Short Term Residential Rentals) hereof (among other requirements). • The UDO Definition of “Resident, Permanent” is a natural person who occupies a Dwelling for at least sixty (60) consecutive days with intent to establish the Dwelling as his or her primary residence. A Permanent Resident may be an owner or a leasee. • UDO Section 5.73.C goes on to list the Required Information for Application: Both the initial application and any renewal application for a Special Exception permit shall contain the following: Information sufficient to show that the applicant is the Permanent Resident of the Short Term Residential Rental Unit…. Permanent residency shall be established by showing that the Unit is listed as the applicant’s residence on at least two (2) of the following: motor vehicle registration; driver’s license; voter registration; tax documents showing the unit as the applicant’s primary residence for a standard homestead credit; or utility bill. (A renewal application shall contain sufficient information to show that the applicant is a Permanent Resident and has occupied the unit for at least two hundred seventy-five (275) days of the preceding calendar year.) • 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 11 of 12 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. • 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: • All planning/zoning review comments have been addressed, relating to the BZA process & required documents/steps. • The Petitioner should follow up with other Technical Advisory Committee (TAC) members, who might have remaining review comments or concerns. Final Comments: • The Carmel Code Enforcement Dept. is are aware of the home being rented out for short term rentals (on non- freebie dates) without official BZA special exception approval. They have sent out a violation letter. • The Carmel Police Dept. has documented at least 6 incidents/complaints reported just this year. Among these are an off leash animal complaint, noise complaints, and a welfare check. • There are concerns, mostly about noise and traffic, based on recent history with this house being rented out for short term rentals. If this is any indication of how the short term rental will be run, it is a valid concern. • Noise Regulations are in the Carmel City Code, and they are enforceable by the Carmel Police Dept. • The neighborhood Covenants, Conditions, and Restrictions (enforceable only by the neighborhood HOA) do not mention anything about “rent” or “business”. It does mention that lots may be used only for single-family residential purposes. It also mentions that No lot may be used for any “special use” that is not clearly incidental and necessary to single family dwellings. It also mentions that No home occupation shall be conducted or maintained on any lot other than one which does not constitute a “special use” and which is incidental to a business profession or occupation of the owner or occupant of such lot and which is generally and regularly conducted at another location which is away from such lot. (However, “special use” is not defined in the CCRs.) Findings of Facts: • The BZA Attorney will write up the negative Findings of Facts. Recommendation: • The Dept. of Community Services (DOCS) recommends negative consideration of this petition. • The Dept. of Community Services (DOCS) also recommends the adoption of Negative findings of fact, to be written up by the BZA attorney. • (Please note: If the special exception petition is approved, it is only valid for 1 year.)