HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MARCH 4,2014
1. (V) 201 W 103`d Street,Bufferyard
The applicant seeks the following development standards variance approval for a reduced bufferyard:
Docket No. 14020004 V ZO CH 33.05.A: 15 ft Min. Front Bufferyard, 0 ft requested
The site is located at 201 W 103'd St and is zoned B-1/Business within the US 31 Overlay. Filed by the
Carmel Department of Community Services on behalf of the owner, Virtu Meridian Associates LLC.
4 '� E' ,`"�'"°-yr * F d ' i . e .. , General Info:
�` r°•< !' 1. .' '� x ', .f The petitioner is requesting a
Ai'v 1 ;� .q �A ,,� ,�,',,,1 x ,. � , �4 ,Ik l variance to permit the elimination of
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v �: k r r .,4;1. ,,: _ " rr f'd I l the required front bufferyard along
�� �, ,� r` �, ,� �;<< �. tl, '' West 103 Street. The bufferyard
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sF s:,�` ' ,n , t t r"' ' it t, '"" 1,' `1 , will be eliminated due to a road-
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is widening project. The site is located
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tw tOk, ..''° i r' d yr M y4 '''''e r ..� s "1: ` 3 along 103rd Street just east of
, , ,. �G� i# .4� Springmill Road. Please see the
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t i. - �"''i ,'� ,,,0 3t ,, ' -�% �i; ? ,,;r," 1 - '4. x ` 4"h`* I ' petitioner's information packet
, '4.'`.1:;,'4,,.'4 r +.,.�✓ 'tit Rq�, iv I, , z ' fl for more details.
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' ;�.�yy, ^? 1 , , . ��.� a y S ., 6' Analysis:
hx4 3'' a " l� , �f 4 tf ,, 1 •,. ,, .i ,:t 4{ F:t ',,,, The Ordinance requires a 15 foot
r,r N 0 t� Q4r: " 4 '� �c't;, }A �P` ' front bufferyard for office uses that
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r ',` � _, s.� P' ! ",� ,= m f.�t , 4- , elL, � z ' i are adjacent to a Parkway; which is
' �,,,,->.� .'-‘--"`, ; t ,.. what exists on this property
„�.....-.—:-.�'--"-�=-- • 4 `�` '� �"`�v �� currently. Due to the road
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- '� construction project, the City needs
` '"` ' ' - ` l'o ' °",`+--a -` , r ,, �„%+' ,, to acquire additional right-of-way.
A �f��+;:n����� ��a � �� ., _ ��`��., =:s . . u;�,.�'�,. s�� ;: ... ���"_,_r�, �1 _ 1r'4 This additional right-of-way will
eliminate the existing bufferyard and the new right-of-way will directly abut the parking lot. No changes to the
building are proposed at this time. This variance is being requested to bring the property into compliance as a
part of the right-of-way acquisition and road improvement. This variance should not be injurious to adjacent
property owners or the community. No negative public comments have been submitted about this project at this
time. The Department is in support of this variance.
Petitioner's Findings of Fact:
1. The approval of this variance will not be injurious to the public health,safety, morals, and general
welfare of the community because: the road widening and change in road right-of-way location causes a
change in the available space for a front bufferyard. The approval of this variance will not be injurious to
the public health, safety, morals, and general welfare of the community because the road widening will
increase the safety of the intersection.
2. The use and value of the area adjacent to the property included in the variance will not be affected in
a substantially adverse manner because: there are no changes being made to the building. The only
change to the property is the decreased bufferyard due to the road widening.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the property because: the building will become non-conforming, not due through
any fault of the property owner.
Recommendation: The Dept. of Community Services recommends approval of Docket No. 14020004 V.
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