HomeMy WebLinkAboutLetter #11 Alicia & Craig Topoll (Includes Neighboorhood Petition)July 19, 2025
To the BZA and Whom it May concern
I am writfng in strong oppositfon to the Short Term Residentfal Rental Permit for 10470 Roxley Bend by Vivian
Cain. I am the next-door neighbor with 3 children ages 9, 6, and 2. I strongly urge you to deny this permit due
to the lack of oversight, safety concerns, deterioratfon of the neighborhood and community, strong oppositfon
from the homeowners in Windsor Grove II (please see Petftfon to Restrict Short-Term Rentals in Windsor Grove
II), lack of following local ordinances, and past behavior of the property owner.
Safey of our families and neighborhood are paramount and one of the driving reasons my family and I sought
out Carmel, Indiana when we relocated this tfme last year. When deciding between different jobs and possible
locatfons, we were drawn to Carmel – listed as one of the best places to live in the country. Carmel has earned
this designatfon because of its safety, property values, educatfon, low crime rates and many other reasons.
When searching for neighborhoods, I specifically reviewed sites like Airbnb and VRBO for short-term rentals
and avoided neighborhoods with STRs. I, and future families will be looking at the number and locatfon of
STRs and avoiding such areas due to the many issues that arise with STRs thus detractfng from the draw of
neighborhoods in Carmel.
By nature, STRs bring a transient group of people – those looking for party houses – who come for a few days
and then leave without any regard for the neighbors, or a cultfvated community feel. Loud partfes, drinking
heavily, and irresponsible behavior occur, with limited recourse for resolutfon after these partfers leave. The
mark it leaves on the neighborhood is lastfng.
In Ms. Cain’s newspaper post, it reads “Vivian Cain, who intends to rent the home occasionally as a fully
furnished, single-family residence to respectiul short-term guests.” To date she has had three rentals (despite
not having an approved permit for STRs), one on Memorial Day to multfple families, one on Jun 6-8 to a
bachelorette party, and one the week prior to this hearing. She is rentfng her house for groups (not single
families) up to 12 people – clearly for large gatherings, events and partfes. Neither of first two groups were
respectiul and both resulted in noise complaints called into the Carmel Police (see Attachment 1). The third
rental is ongoing as I submit this letter. As adjoining neighbors, we asked each party to turn down their music
at least once as it was thumping all day long. The bachelorette party was yelling and screaming throughout the
day. These two partfes are exactly the opposite of what Ms. Cain states in her initfal proposal and furthermore
demonstrate the type of people she has and will contfnue to rent her property to.
With the revolving door of strangers who come to her rental (each tfme at least 3-4 cars and multfple families
and/or party-going friends) in additfon to the people who brought additfonal alcohol to the bachelorette party,
it is increasing traffic and increasing the potentfal for crime and future concerns.
Additfonally, with the transient nature of these guests and partfers, houses such as these attract and request
more party-goers or guests to their events. While we were living in Pittsburgh, a single person rented an
Airbnb. They held house party hostfng over 200 people (mostly underage with alcohol) at this Airbnb and on
April 17, 2022 gunfire broke out leaving 2 dead teenagers, the shootfng of other underage teens, multfple
injuries, underage drinking, hysteria and property damage, so much so that the house remained vacant for
years later. This scenario and many other similar situatfons have already been seen even in a nearby
community of Cheswick Place where multfple people overdosed at an Airbnb and one was found outside and
unconscious. There is no background check, criminal history check, sex offender checks prior to rentfng to
customers on Airbnb. These issues are of paramount concern for parents, especially with young children.
There is no regard for neighbors who purchased their home to be used as a “single-family residentfal
purposes…that is not clearly incidental and necessary to single family dwellings” as stated in the Windsor
Grove II HOA Covenants. When these partfes and renters are present, I feel uncomfortable allowing my
children to ride their bicycles, play outside or swim in our pool. The music was so loud on Memorial Day my
children could not hear my husband even though they were in close proximity.
As the petftfoner must state how this will not negatfvely impact surrounding property values, by these two
aforementfoned situatfons, especially in a local neighborhood, having a STR would absolutely decrease and
detract from the appeal of this neighborhood and adjoining houses.
Allowing these Airbnb rentals has already changed the scape of our neighborhood, and we will contfnue to
lose the sense of the community which was the intent of Windsor Grove II. Allowing STRs will open this quiet
and family-oriented neighborhood up to partygoers, crime, litter, potentfally more debased behavior and
detractfng from what this community’s intent is.
As I would not have purchased a home next to a STR, this has the potentfal to adversely affect my property’s
value and ability to sell. There have been studies demonstratfng a decrease in property value, taking longer to
sell a property/sitting on the market longer, and overall making our neighborhood less desirable due to STRs.
Additfonally, I evaluated the daily incident report and the crime map of each neighborhood I was interested in,
so too will future home buyers and they will look elsewhere to purchase a home for their family.
To date, Ms. Cain has already failed in being “committed to maintaining the integrity and character of the
neighborhood and ensuring a well-managed quiet, and safe guest experience”. This sentence shifts the focus
from what our neighborhood values – and was not upheld - and shifts to her guest experience. We – the
neighbors - have not experienced quiet and there is no ability to ensure the safety of my family.
In accordance with Windsor Grove II HOA Covenants and Restrictfon, page 7 Paragraph 9.
9. Constructfon of Residences.
(a) Land Use. Lots may be used only for single-family residential purposes, and
only one Residence, not to exceed two and one-half stories and not to exceed the height
restrictfons provided in the Carmel Clay zoning regulatfons, may be constructed thereon.
No portfon of any Lot may be sold or subdivided such that there will be thereby a greater
number of Residences in Windsor Grove II that the number of original Lots depicted on
the Plat. Notwithstanding any provision in the applicable zoning ordinance to the
contrary, no Lot may be used for any “Special Use” that is not clearly incidental and
necessary to single family dwellings. 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 or regularly conducted at another location which is away
from such Lot. No signs of any nature, kind or descriptfon shall be erected, placed, or
permitted to remain on any Lot advertfsing a permitted home occupatfon.
In Eager vs Peasley (Michigan Court of Appeals) “’Commercial use,’ which is prohibited in the restrictfve
covenant, includes short term rentals even without resortfng to technical refinement of what constftutes
‘private occupancy’ or ‘private dwelling’”. Just as in this case, “In construing restrictfve covenants, the
overriding goal is to ascertain the intent of the partfes”. The intent of Windsor Grove II is for “single-family
residentfal purposes” and “no Lot may be used for any “Special Use” that is not clearly incidental and
necessary to single family dwellings. No home occupatfon shall be conducted or maintained on any Lot other
than one which does not constftute a ‘special use’”. Clearly the intent is for families and occupants to live in
these single-family homes – not use is for commercial or quasi-commercial use such as a STR. The covenants
are clear regarding the intent of the neighborhood.
In the case of a BZA Special Exceptfon for STR, the proprietor of the STR must pay an Innkeepers Tax of 5%. This
tax demonstrates that this is not for single family residences, as our HOA Sectfon 9. Land Use describes. In the
Reaume v. Township of Spring Lake (Michigan Court of Appeals) case, it clarifies that “the definitfon of
‘Dwelling, Single-Family’ unambiguously excludes transient or temporary rental occupatfon…The definitfon of
single-family dwelling emphasizes use by one family only, and ‘family’ expressly excludes ‘transitory or
seasonal’ or otherwise temporary relatfonships…’Motels’ expressly provide transient lodging, or ‘tourist
rooms,’”. STRs act as motels and by charging an Innkeepers tax to STR this only further underscores that this is
against the Windsor Grove II HOA covenants.
Despite not having a granted permit, they have rented out their property as a STR on June 6-8, 2025 for a
bachelorette party. Airbnb prohibits partfes and events. This highlights their disregard for proper order and
shows they are not responsible STR hosts. Ms. Cain has previously listed her house on the rental website
Peerspace which specifically focuses on event and party space rentals previously, without applying for a permit
(see Attachment 2).
Additfonally, they have had multfple animal complaints for their aggressive Cane Corso mastfff, a dog breed
that is known for being aggressive, territorial, and having a bite strength similar, if not stronger, than that of a
lion’s. From the tfme they purchased their dog, they have refused to maintain proper control as described in
the Hamilton County Animal Ordinance. My 6-year-old son, who was standing in our front yard, was chased by
this dog across our yard and into our driveway after he charged onto our property. For months, this dog has
chased and barked at my 9- and 6-year-old children who were trying to return home by riding their bikes from
a neighbor’s house. I myself have been chased twice in the same day into my own home while the dog
charged onto my front porch. My children are terrified to be outside and play because of the multfple tfmes
this dog has chased them and barked aggressively. The owners have been irresponsible, not followed the
leash ordinance for months. Only recently, after a police report (State of Indiana v. VIVIAN JANICE WEAMS-
CAIN 29H01-2505-IF-001812) was filed, have they attempted to maintain their dog on a leash. After another
neighbor reported this aggressive dog, animal control and police came to their residence and in the presence
of the police, Ms. Cain began shoutfng and scaring our au pair and her friend as they were walking to their
cars. The two girls were eventually escorted by police to their cars so they would be able to leave, as they
originally intended. This demonstrates their contfnued defiance of local ordinances and disregard for
maintaining a peaceful, quiet, safe neighborhood.
The petftfoners have already shown they have been inconsiderate to the residentfal, family-oriented, and
considerate nature of our neighborhood. This is disruptfng the integrity and quality of life of the neighbors by
rentfng to those whose intent is to have large events, disrupt the peace, drink large quantftfes of alcohol, and
party into the night. They have already shown disregard for proper form and order by rentfng out their
property as a STR without a permit, Clearly, this behavior and pattern that has already been demonstrated, will
only contfnue. For these reasons, I strongly request that the BZA deny a short-term residentfal renal permit for
10470 Roxley Bend.
Sincerely,
Alicia and Christopher Topoll
10469 Roxley Bnd
Carmel, IN 46032
Attachment 1
Attachment 2: Peerspace listfng (found on Airbnb picture listfng)
Airbnb Calendar showing rentals
Petition to Restrict Short-Term Rentals in Windsor Grove ll
To: Carmel City Council
From: Residents of Windsor Grove ||
Date: June 3, 2025
Subject: Request to Regulate or Prohibit Short-Term Rentals in Our Neighborhood
We, the undersigned residents of Windsor Grove Il, respectfully petition the Carmel City Council to take
immediate action to deny short-term rental (STR) permit applications (such as those listed on Airbnb, Vrbo,
etc.) within our neighborhood.
Background
Windsor Grove ll was designed and developed as a quiet, family-oriented residential neighborhood. The
increasing presence of short-term rental properties undermines the safety, stability, and cohesion of our
community.
Reasons for Prohibition
1. Community Safety
Short-term renters are transient and often unfamiliar with our neighborhood rules and expectations.
Frequent turnover makes it difficult to identify who belongs in the community, increasing the risk of
theft, vandalism, and other crimes. Several residents have expressed concern over strangers loitering,
parking illegally, and disregarding security protocols.
2. Lack of Accountability
Unlike long-term residents, short-term guests have no investment in the upkeep or reputation of
Windsor Grove lI. Damage to property, excessive noise, and disruptive behavior are more likely, with
minimal recourse for neighbors or the HOA.
3. Reduced Quality of Life
The revolving door of guests disrupts the peaceful atmosphere residents expect. Noise from parties,
unfamiliar vehicles parked in driveways and on the street, and general disturbances have already been
observed and reported.
4. Property Values
Homes in neighborhoods with STRs may become less attractive to potential buyers seeking stable,
residential communities. Over time, this could lead to decreased property values for homeowners in
Windsor Grove Il.
5. Insurance and Legal Concerns
STRS may not comply with zoning or insurance requirements, creating liability issues for both individual
homeowners and the HOA. In some cases, insurance providers may deny coverage for incidents
involving STR guests.
6. Erosion of Community Trust
A strong community relies on familiar faces, mutual respect, and shared values. STRS weaken
neighborhood bonds by replacing committed neighbors with anonymous visitors.
Pending Covenant Amendments and Urgent Request
Our HOA is currently in the process of amending the Windsor Grove Il HOA covenants to prohibit short
term rentals. Unfortunately, due to the short notice of recent permit request(s), we have not had
sufficient time to finalize and vote on these changes. We respectfully request that any applications for
short-term rental permits be denied-or at minimum, suspended-until the HOA is able to formally vote
on this matter.
In the meantime, the following signatures represent homeowners who are clearly and firmly opposed to
allowing short-term rentals in Windsor Grove II.
We care deeply about the quality of life, safety, and long-term stability of Windsor Grove Il, and ask you to
stand with us in preserving our community.
Sincerely,
Signatures
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