Board denies renewal for Elliott short‑term rental after neighbors contest occupancy

The Carmel Board of Zoning Appeals on Nov. 24, 2025, voted not to renew a short‑term residential rental special exception for Tom and Karen Elliott, following contested testimony over whether the house remains the owners’ primary residence. Attorney Jeff Heintzeman, representing the Elliotts, told the board the home is their only real property and that they rent within the ordinance limits; planning staff recommended approval and reported no code‑enforcement incidents in the previous year.

Opponents led by neighbor Sydney West presented a signed neighborhood petition, a map of nearby households, and screenshots from an online rental listing showing bookings into 2026. West argued the UDO requires an owner to occupy the dwelling at least 275 days per year and said the Elliotts cannot prove that occupancy. Jenny Wiley and others said the property appears vacant much of the year.

Heintzeman countered that impressions are not evidence and that the renewal standard is satisfied when rentals remain within the ordinance limits; he said owners track rental days and that the family uses the house for gatherings and as their residence. Board members pressed petitioner Tom Elliott on how many days he actually slept in the house last year; Elliott said he does not track exact days. Several members said that while the ordinance contains legal definitions, the board also considers intent and neighborhood impacts.

A motion to approve the renewal was made and seconded. After further discussion the motion failed and the chair directed staff to prepare findings of fact. The transcript does not record a roll‑call tally. The board concluded the renewal would not be granted at this hearing.