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HomeMy WebLinkAboutDepartment Report 08-27-181 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT AUG. 27, 2018 TABLED TO SEPT. 24 - (V) 14435 Pemberton Ln, Pool Equipment Setback. The applicant seeks development standards variance approval for the location of pool equipment: 1. Docket No. 18070002 V UDO Section 5.02.C.7 Min. 10’ side yard setback for pool/decking/ equipment, 5’ proposed. The site is located at 14435 Pemberton Ln. (in Overbrook Farms, Section 2, Lot 41). It is zoned S1/Residence-ROSO III. Filed by Mike Rutherford of Blue Haven Pools. This item is tabled to the Sept. 24 BZA Hearing Officer meeting. 2 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT AUG. 27, 2018 (V) Telamon Sign. The applicant seeks development standards variance approval for a 3rd sign: 2. Docket No. 18070003 V UDO Section 5.39.H Maximum 1 sign per frontage allowed, 1 additional sign proposed for a total of 3. The site is located at 1000 E. 116th Street. It is zoned M3/Manufacturing. Filed by Heather Reeve of Fast Signs. General Info & Analysis: The Petitioner seeks approval for a 3rd sign on the property, which will be located near the entrance of the parking lot, around 15-ft back from Mitchell Road. (Mitchell Road is actually private driveway that goes to the Engledow landscaping business property, located just east of the Telamon building.) Please see the Petitioner’s informational packet for more detail on the variance request. To the north of this site is Off the Wall Sports, to the south of this site is Guilford Park neighborhood, and to the west of this site is a multi-tenant retail building including an auto parts store and a pizza shop. Prior BZA variances were granted for Telamon in June of 2000 (under docket nos. V-49-00, V-50-00, and V- 51-00), for total number of signs, for a 10-ft tall ground sign height, and for that ground sign to be off-premise. One existing ground sign is located along 116th Street, and a second existing wall sign is located on the building façade. The proposed 3rd sign will be a 6-ft tall ground sign, and it will act more as a traffic directional sign. There will not be any illumination for this new sign. Also, the sign is proposed to have a concrete base. (Petitioner, please provide Planning Staff with a rendering of the sign (with sign base included); we need to make sure the base isn’t just a footing bed and that it actually covers all of the area beneath the sign.) The Planning Dept. can support this variance request, as long as the concrete sign base design is provided before the BZA meeting and it meets the sign ordinance requirements. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, only then can the Dept. of Community Services recommend positive consideration of Docket No. 18070003 V. 3 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT AUG. 27, 2018 (V) Juniper on Main. The applicant seeks the following development standards variance approvals for a restaurant: 3. Docket No. 18070005 V UDO Section 3.64.A.1.c: Max. 70% lot coverage allowed, 80.5% requested. 4. Docket No. 18080001 V UDO Sections 3.64.A.9.c & 5.28: Min. 13 parking spaces allowed, 10 requested. The site is located at 110 E. Main Street. It is zoned B1/Business and located within the Old Town Overlay Zone, Character Sub Area. Filed by Jim Streeter of Innovative Planning, LLC on behalf of the owner, Ken Keltner. General Info & Analysis: The applicant seeks development standards variance approvals for lot coverage and for total number of parking spaces. Please see the Petitioner’s informational packet for more detail on the variance requests. The Petitioner proposes to remodel an existing house into a restaurant. The overall site layout will remain as is today. A new outdoor deck dining area will be constructed in the front yard. The project gained ADLS Amendment approval for the architecture and site plan, from the Plan Commission Commercial Committee on Aug. 7, 2018, under Docket No. 18070012 ADLS Amend. To the north is a newly constructed surface public parking lot, to the west is Woody’s Library restaurant, to the east is Greek’s Pizzeria, and to the south is the Museum of Miniatures. Lot Coverage: Because the site lies in the Character Subarea of the Old Town Overlay Zone, a maximum of 70% lot coverage is allowed, and 80.5% exists today. The site conditions exist today, and have been that way since the 1980s. No new pavement is proposed. Only a new use/tenant is proposed. It is important to note that the Old Town Overlay Zoning regulations were created and adopted in the early 2000s. Before that, the underlying zoning of B1 was applicable, and that zoning classification allows for a maximum of 90% lot coverage. Parking Spaces: Required parking for a restaurant use is “one space per every 2.5 patron seats, plus one space per employee per largest shift.” This proposed restaurant will have 42 seats inside and 9 employees in the largest shift. This would require 26 spaces. The Old Town Overlay zoning regulations allows for parking requirements to be reduced by half; therefore, only 13 spaces are required. 10 spaces are provided on site after the proposed improvements. The Petitioner is requesting a variance from the Board of Zoning Appeals for this shortage of 3 parking spaces. The Department is supportive of this variance request due to the availability of on- street parking spaces, some availability within a new public parking lot located just north of this site (which has 27 parking spaces), and some availability in the Lion’s Club public parking lot located to the southeast. The Planning Dept. supports these two variance requests, with the condition that the Petitioner works with the Carmel Engineering Dept. to address any applicable storm water and drainage requirements. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 18070005 V and 18080001 V, with the condition that the Petitioner works with the Carmel Engineering Dept. to address any applicable storm water and drainage requirements. 4 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT AUG. 27, 2018 (V) Fowler Residence, Rear Setback. The applicant seeks the following variance approval for proposed building additions: 1. Docket No. 18080002 V UDO Section 2.08 Minimum 20’ rear yard building setback allowed, 15’ requested. The site is located at 4247 Centennial Ct. It is zoned R1/Residence and is Lot 88 in Brookshire North Section 1. Filed by Paul & Laurie Fowler, owners. General Info & Analysis: The Petitioner seeks approval to build a rear building addition to the garage that will extend 5-ft into the 20-ft rear yard building setback. The Petitioner also seeks approval to enclose the existing deck (in the future) and make it into a sunroom, and that structure will also encroach 5-ft into the 20-ft rear yard setback. The 20-ft rear yard building setback area also contains a 10-ft wide drainage and utility easement. Please see the Petitioner’s informational packet for more detail on the variance request. The Planning Dept. supports the variance request, with the condition of Carmel Engineering Dept. reviews/approvals. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 18080002 V, with the condition that the Petitioner works with the Carmel Engineering Dept. to address any stormwater and drainage items. 5 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT AUG. 27, 2018 1. WITHDRAWN - (A) Lucas Estate Appeal: Docket No. 17120006 A. The applicant seeks to appeal the 11/09/2017 Determination Letter written by the Carmel Department of Community Services’ Director. The site is located at 1143 W. 116th Street and 1303 W. 116th Street (now 11303 Ditch Rd.). The site is zoned S1/ Residence and partially lies within the West 116th Street Overlay Zone and the Floodplain Zone. Filed by Timothy Ochs of Ice Miller LLP, on behalf of The Lucas Living Trust. This Appeal petition is now withdrawn. Please refer to the Planning Director’s August 22, 2018 letter to Ice Miller LLP. 6 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT AUG. 27, 2018 (UV) 861 N. Rangeline Rd. Outdoor Storage. The applicant seeks the following use variance approval: 2. Docket No. 18070004 UV UDO Section 3.66: Prohibited Uses, Outdoor Storage requested. The site is located at 861 N. Rangeline Rd. It is zoned I1/Industrial, B1/Business, Range Line Road Overlay, with some Floodplain. Filed by Pat Combellick of 526 Group LLC, and Hoosier Portable Restrooms. General Info: The applicant seeks use variance approval to have Outdoor Storage of box trucks and portable restrooms at the side and rear of the building/site. The underlying zoning of the site is I1/Industrial and B1/Business, and Outdoor Storage is permitted for these zoning districts; however, the Overlay Zone does not permit the Outdoor Storage land use. A 10-ft tall wooden privacy fence is proposed to be added to the north side of the building to screen the view of items stored outside, and landscaping will be added along the site’s frontage. It is the Planning Department’s understanding that the use is temporary, proposed for a time period of 5 years (the length of the tenant lease); however, the applicants would like to remain on-site for 10 years. The Petitioner will be a tenant at this site; they are not the land owner. Please see the Petitioner’s info packet for more details. Analysis: Commercial type land uses have existed along the northern section of Rangeline Road since the late 1960s. The subject site used to be Runyon/ Jack’s Tool Rental. To the south is a cemetery, to the west is Leppert Mortuary and Crematory, to the north are automobile sales and the Carmel Household Hazardous Waste Collection Center, and to the east is wooded land zoned residential. The Range Line Road Overlay zone was created and adopted around 2003. The intent of the overlay zone is to spur redevelopment of the corridor that will bring taller buildings that are closer to street, with parking behind, and with a mix of land uses within each building. The goal is to end up with mixed uses in multi-story buildings; is pedestrian oriented and supportive of multiple modes of transportation; with buildings and a streetscape which are attractive and safely designed in order to enhance the livability of the City. Further, it is the intent of the Range Line Road Overlay District to support and complement the ongoing redevelopment of Carmel City Center, Old Town, and the Arts and Design District. The petitioner appeared at the Aug. 15 Technical Advisory Committee meeting. Discussion was had about the flood plain, washing of the port-o-potty units, and how to treat any water run-off. Other topics discussed were the proposed use of the building, landscaping, fencing, street right of way, and the multiuse path/sidewalk requirement along Rangeline Rd. The Petitioners are willing to work with the City on all items. The Planning Dept. supports this use variance request, with the conditions of a 5-year time limit and with the Petitioner addressing these remaining review comments, below: 1. Time Limit: These businesses plan on occupying the site for 5-10 years. The Planning Dept. supports a 5- year time limit if a use variance is approved. This Outdoor Storage use is seen by the Planning Dept. as a temporary, interim use until the site is redeveloped. (The applicant can always submit a new use variance request in 5 years.) 2. Transportation Plan Compliance: The zoning ordinance requires compliance with the Comprehensive Plan’s Transportation Plan. The applicant can upgrade the existing 5-ft wide sidewalk to a wider walk, now, or pay into the City’s Non-Reverting Thoroughfare fund for what it will cost to upgrade the sidewalk. The Petitioner still needs to provide an engineer’s construction estimate to the City Engineering Dept. for review/approval. 7 3. Bike/ped Connection from building to street sidewalk: If possible, please add in a direct sidewalk connection that goes from the street sidewalk up to the main building door/entrance (or paint/stripe the parking lot area to show that connection). Petitioner, please confirm that you will paint/stripe a connection. Petitioner’s Findings of Facts: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 18070004 UV, with the conditions of 1.) a 5-year time limit, and 2.) addressing remaining review comments. 8 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT AUG. 27, 2018 (UV,V) 5836 E. 116th St. Landscape Maintenance Business. The applicant seeks the following use variance and development standards variance approvals to operate a business on a residentially-zoned site: 3. Docket No. 18070006 UV UDO Section 2.03: Permitted uses, Non-permitted business use proposed. 4. Docket No. 18070007 V UDO Section 5.28.E: Paved/curbed parking lot required, Gravel requested. 5. Docket No. 18070008 V UDO Section 5.19.F.1: Reduced north/east/west bufferyards requested. 6. Docket No. 18070009 V UDO Section 5.19.F.4.b: Reduced parking lot plantings requested. 7. Docket No. 18070010 V UDO Section 2.04: Max. 35% lot cover required, 49% requested. The site is located at 5836 E. 116th Street. It is zoned S1/Residential. Filed by Joel Kempson, owner. General Info & Analysis: The applicant seeks use variance approval to operate a landscape maintenance business on a residentially-zoned site. The Petitioner also seeks development standards variance approvals to have a gravel parking lot, reduced perimeter buffer yards, reduced number of parking lot plantings, and 49% lot coverage. The wooded area located south of the residential structure will remain as protected. No signage is proposed. Please see the Petitioner’s info packet for more detail. To the south of the site is Bickford Senior Living, to the east is a residence, to the west is a city park (Founders Park), and to the north is wooded common area for Brighton Woods neighborhood subdivision. The Petitioner attended the Aug. 15 Technical Advisory Committee Meeting. Technical aspects of the project were discussed. The TAC Members had no major issues with the proposal. History of the site: It is understood that the site started out as a home occupation, where the prior property owner had a small landscaping business, with one mower and one weed eater. And, he was the only employee. The current landowner purchased the site in 2010, and the use of the site has intensified from the prior minimal use. There are more employees, activity, and equipment. Also, over the years, the use encroached onto the parcel to the north; however, the Petitioner will fix this encroachment issue. Use Variance request: Permitted uses: The S1 zoning district mostly allows for single family dwellings, and the purpose of the district is to keep a rural character. Variance requests: Gravel Parking Lot: A paved/curbed parking lot is required by the Ordinance. The driveway that runs from the street to the rear parking area on this site is asphalt. The rest of the parking area behind the house is made of gravel. This gravel material could be considered complementary to a landscape maintenance business, as well as to a residential use. The gravel area also helps a little bit with stormwater runoff. The gravel parking area is located around 230 feet from the street. Perimeter Bufferyards & Parking Lot Plantings: Reduced north/east/west bufferyards are proposed. The Petitioner will plant some landscaping along the east and west property lines, but the main screening/buffering component will be a 6-ft tall wooden privacy fence. Also, the area located south of the house (and north of the street) will be kept as wooded area, around 170-ft in depth. The area located north of the site’s north property line will be planted with evergreen trees; the Brighton Wood HOA is in support of this. There are parking lot planting requirements for a parking lot exterior and for a parking lot interior. This parking lot will be screened from view with existing vegetation, supplemental plantings along the east, north, and west 9 property lines, and 6-ft tall wooden privacy fencing. A wooded area exists on the southern half of the site, around 25,000 sq. ft. (or 0.5 acres) in area. Lot Coverage: A maximum 35% lot cover is allowed in the S1 zone, and 49% is requested. This is a variance of 14%. Things that count toward lot coverage are parking areas, building footprints, sidewalks, etc. In this case, the parking area is gravel, but this doesn’t mean that the gravel is permeable. Often times the gravel gets compacted, and it is just as impermeable as pavement or concrete. The preserved wooded area helps with offsetting the gravel area on the site, as far as drainage goes. (In fact, the site is surrounded by land that is wooded. ) Comprehensive Plan: The Land Use Map shows the area south of this site as being a Community Vitality Node. It shows the area west of this site as being used for Parks and Recreation. It shows the areas north and east of this site as being used for Suburban Residential uses. The Comp Plan also has a Best Fit vs. Conditional Fit section and chart. If more intense land use (landscape maintenance business) is installed with sensitivity to the adjacent land classifications (suburban residential), then it can be considered for an appropriate adjacent land use, and be considered a Conditional Fit. Transportation Plan Compliance: A 60-ft half street right of way is required per the Thoroughfare Plan Map. The Petitioner is working with the City Engineering Dept. to dedicate the ROW. Also, a 10-ft with multiuse path is required along the parcel’s frontage, and the Petitioner will pay into the Non-Reverting Thoroughfare Fund for what it would cost to upgrade the existing 5-ft sidewalk to a 10-ft path, along their site’s street frontage. All Planning/Zoning comments/concerns have been addressed adequately. The Planning Dept. supports the variance requests, with the condition that no employees park in in front of the house. Petitioner’s Findings of Facts: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 18070004 UV, with the condition that no employees park in the area between the front building line of the house and the street.