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HomeMy WebLinkAboutDept Report 11-28-05 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT November 28, 2005 Note: The petitioner has tabled this itemtt in order to review options for constructin2 a permanent structure. lh. Ritz Charles, Reception Tent The applicant seeks the following use variance approval: Docket No. 05090023 UV ZO Chapter 23B.03 permitted uses The site is located at 12156 N Meridian St. and is zoned S2/Residence & B6/Business within the US 31 Overlay. Filed by Dave Coots of Coots, Henke & Wheeler for Ritz Charles. General Info: The petitioner received approval in the past for a chapel and reception area (shown only as an outdoor paved area on the site plans). The petitioner now seeks approval for a temporary accessory structure (reception tent) within the B- 6/Business District and within the US 31 Corridor Overlay. The petitioner proposes to use the structure from April 1 though November 1 of each year. Analysis: The tent proposal brings up many issues, with hours of operation among them. First, is the issue of noise. Please note that the property currently has approval for an outdoor reception area on paved "patio" area. There is a noise ordinance in effect 24 hours a day which regulates decibel levels at the property line (see Tab 5, Attachment A of the info packet). In the past, wedding receptions or other events have had bands or DJs that play music so loudly it has caused neighbors to call the authorities to help regulate the noise level. The second issue is of the structure, itself; this temporary tent is not allowed in the B-6/Business District, nor the US 31 Corridor Overlay by the Zoning Ordinance. It is not even allowed in the US 31 Overlay by Special Use. The Comprehensive Plan suggests that the US 31 Corridor be reserved for very high intensity office uses along US 31 with retail and commercial behind the frontage parcels to support the office uses. The Department strongly suggests the petitioner construct a more permanent structure unique to the site, such as a "crystal palace" reception hall, enclosed in glass or similar material. This will help mitigate most of the noise issues and aesthetic issues within the corridor, and it will also allow the petitioner to operate year-round. The third issue is that of the existence of the temporary structure (tent) in the proposed location, knowing that Illinois Street will be built next year. The structure may need an additional variance in the future for being in front of the front building line of the principal