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HomeMy WebLinkAboutDept Report 08-25-08CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT August 25, 2008 13h. Brunson & Co Office The applicant seeks the following use variance approval: Docket No. 08070024 UV Appendix A: Use Table Office uses in residential district/building The site is located at 2050 East 96th Street and is zoned S2 /Single- family residential. Filed by Michael Godfrey and Kumiko Brunson, owners. General Info: The petitioner is requesting to use an existing dwelling for office space. The site received three "► Et'`�` variances in 2005, for signs related to a home occupation. The petitioner would now like to expand that occupation. The site is 0.36 acres, and is zoned and developed for 4 single- family use Analysis: The request, if approved, would permit the expansion of an existing insurance office in a residential building. The use has operated at this site for at least three years, with minimal impact on surrounding uses. Besides the ground sign permitted by variances 05080002 -4, there are no outward signs that a business is operated in the house. This type of business does not typically generate a great deal of traffic. 96th Street is considered a secondary parkway at this location, and is typically heavily traveled, particularly during rush hour. It is also characterized by single- family dwellings on the north, and a mix of single - family and low - intensity commercial uses on the south. While there are some concerns with intermingling office and residential uses, the office uses may also serve as a buffer from more intense uses. In addition, it is possible that the 96th Street corridor will gradually become more commercialized, and small, home -based businesses permit increased commercialization while minimizing negative impact on adjacent residences. Findings of Fact — Use variance 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: The house will maintain its outward appearance as a residence, and the proposed use expansion would not generate excessive traffic. . 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The surrounding area currently is predominantly residential, with some residential -to- office conversions, on a busy thoroughfare. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The surrounding area currently is predominantly residential, with some residential -to -office conversions, on a busy thoroughfare. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The surrounding area currently is predominantly residential, with some residential -to- office conversions, on a busy thoroughfare. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The scale of the proposed use is similar to what would be permitted and has been used as a home -based occupation. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 08070024 UV after all concerns have been addressed.