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HomeMy WebLinkAboutDept Report 08-27-07CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT August 27, 2007 10 -18h. Uptown Partners, LLC Guilford Road The applicant seeks the following development standards variance approval: Docket No. 07070044 UV Section 18.01 Permitted uses in the B7 district Docket No. 07070045 V Section 18.04.02 Minimum front yard Docket No. 07070046 V Section 18.04.03 Minimum side yard Docket No. 07070047 V Section 18.04.04 Minimum side yard aggregate Docket No. 07070048 V Section 18.04.05 Minimum rear yard Docket No. 07070049 V Section 18.04.06 Minimum lot width Docket No. 07070050 V Section 18.04.07 Minimum lot size Docket No. 07070051 V Section 18.04.09 Maximum lot coverage Docket No. 07070052 V Section 18.06.02 Areas to be landscaped The site is located at 531 South Guilford Road and is zoned B7 /Commercial Filed by Jim Shinaver of Nelson & Frankenberger for Uptown Partners, LLC. General Info: The petitioner has requested a number of variances, to be permitted to construct single- family dwellings on six acres. Surrounding uses are multifamily to the west and south, and single- family to the north and east. 33 dwellings are proposed. The south and east property lines are heavily wooded. Analysis: The site is currently zoned 137, which permits multifamily residential and a variety of commercial uses. The requested variances correspond to the zoning requirements of that district, which does not permit single - family development and which has larger setback requirements than single - family districts. The request would be in keeping with the surrounding uses and the recommendations of the Comprehensive Plan, however, the site design should provide more buffering from adjacent uses. Specifically, the woodlands along the south and east property lines should be preserved to the greatest extent possible. While this may necessitate the removal of one or two lots, it would also provide for more creative site design, such as setback averaging. The variances, if approved, would allow for a front yard reduction from 40 feet to 15 feet; side yard reduction from 10 feet to 3 feet; aggregate side yard reduction from 25 feet to 10 feet; rear yard reduction from 30 feet to 18 feet; and lot width from 100 feet to 40 feet. The minimum lot size would be 3350 square feet instead of 5000 square feet, and lot coverage would increase from 40% to 50 %, while landscape buffering would decrease from 30 feet to 10 feet. The majority of the variances, in essence, permit lot sizes smaller than those permitted in any zoning district, but in keeping with the them of a compact, walkable neighborhood. However, there are concerns with the proposed reduction in the landscape buffer. Buffers generally are increased next to uses considered incompatible, and decreased between compatible uses. However, in this instance, a large, natural buffer exists to the south and east, and should be preserved. 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 proposed use is similar to surrounding uses, and less intense than permitted by current zoning. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The proposed use is similar to surrounding uses, and less intense than permitted by current zoning. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The proposed use is similar to surrounding uses, and less intense than permitted by current zoning. 4. The need for the variance arises from a natural condition. peculiar to the subject property because: The site is zoned for multifamily and commercial uses, but is surrounded by single - family and multifamily uses. 5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because: The Comprehensive Plan recommends tow - intensity residential uses in this area. Findings of Fact: Setbacks 1. The approval of these variances will not be injurious to the public health, safety, morals, and general welfare of the community because: the reduced setbacks allow for the creation of a compact neighborhood, similar to those existing in the area. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: the reduced setbacks allow for the creation of a compact neighborhood, similar to those existing in the area. 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 current setbacks conform to commerciallmultifamily requirements, and the site could not be developed in the proposed manner without relief from those setbacks. Findings of Fact: Lot Width, Size, and Coverage .1. The approval of these variances will not be injurious to the public health, safety, morals, and general welfare of the community because: the reduction in lot size and width, and corresponding increase in coverage, provides for the development of a compact neighborhood comparable with existing adjacent neighborhoods. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: the reduction in lot size and width, and corresponding increase in coverage, provides for the development of a compact neighborhood comparable with existing adjacent neighborhoods. 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 current setbacks conform to commercial /multifamily requirements, and the site could not be developed in the proposed manner without relief from those setbacks. Findings of Fact: Landscape Buffers 1. The approval of these variances will be injurious to the public health, safety, morals, and general welfare of the community because: there are extensive natural buffers which should he preserved. 2. The use and value of the area adjacent to the property included in the variances will be affected in a substantially adverse manner because: there are extensive natural buffers which should be preserved. 3. The strict application of the terms of the Zoning Ordinance to the property will not result in practical difficulties in the use of the property because: the existing buffers can be preserved, to the south and east. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 07070044 UV, and 07070045 -51 V after all questions /concerns are addressed. The Dept. of Community Services recommends negative consideration of Docket No. 07070052 V.