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HomeMy WebLinkAboutDepartment Report 11-23-207 of 12 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MONDAY, NOVEMBER 23, 2020 (UV) Rexroth Psychology Office. The applicant seeks the following use variance approval: 2. Docket No. PZ-2020-00161 UV UDO Sections 2.09 & 3.56 Permitted Uses, Professional Office requested on residential lot. The site is located at 230 1st St NE (Carey Addition, Lot 4). It is zoned R1/Residence and Old Town Overlay, Character Subarea. Filed by Amy Rexroth. General Info & Analysis: The Petitioner seeks use variance approval to operate a small Psychology Office out of an existing single family detached dwelling structure that is also zoned residential. The site is located in the Old Town Overlay, Character Subarea. A day care is located to the east, homes are located to the north and west, and business- zoned properties are located to the south. Carmel High School is located a block and a half to the east, and Main Street is located one block south. Please see the Petitioner’s informational packet for more detail on the use variance request. Analysis: The Petitioner seeks to use an existing home structure for a small psychology office. Per UDO sections 2.09 and 3.56, a professional office use is not a permitted land use in the R1/residence zoning district; however, the use is not excluded in the Old Town Overlay district. The proposed use requires Use Variance approval by the BZA. The use will be very low intensity, with a small number of employees, and a small number of patients. The site will remain zoned residential, so in the future, there is potential for the site to revert back to a residence. No changes are proposed to the building exterior or to the site, except to remove dead trees, add a door sign, and add an ADA accessible ramp. No additional exterior lighting is proposed. The porch light is to remain. The existing landscaping and vegetation will be preserved. A dead tree will be removed. A small decal sign will be placed on the door glass to serve as signage. Vehicle parking and bicycle parking will be provided on site. On- street parking is also available during certain hours when not restricted. Office/Retail/Service uses are not permitted outright in the R1 Residential zoning district; however, these land uses are not specifically excluded by the Old Town Overlay District in which the site also lies. This proposed use will be very small in scale, using the existing house structure, as well as utilizing the existing driveway. Old Town Overlay District: It is the purpose of the Old Town Overlay District to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties in the designated Old Town Overlay District. The Plan Commission and Common Council, in establishing the Old Town Overlay District, are relying on IC 36-7-4-600 et seq. and IC 36-7-4-1400 et seq. The Old Town Overlay District establishes regulations in addition to the base/underlying zoning district. In the case of conflicts between this Old Town Overlay District and the base zoning district, the provisions of the overlay will prevail. The Old Town Overlay District is an important historical commercial and residential area to the City of Carmel. In order to protect this important area, the Old Town Overlay District was developed to provide for consistent and coordinated treatment of the properties in Old Town by establishing basic standards for structures, landscaping, and other improvements. Further, the Old Town Overlay District seeks to: • Foster rehabilitation and development in Old Town • Increase property values in Old Town • Protect real estate investment in Old Town • Retain Old Town neighborhood vitality • Spur commercial activity in Old Town • Attract new businesses to Old Town 8 of 12 Within the Old Town Overlay District there are different parts and characteristics, therefore, the overlay district is divided into three Sub-Areas: a Character Sub-Area, a Historic Range Line Road Sub-Area, and Main Street Sub-Area. Separate guidelines apply to each Sub-Area. The Character Sub-Areas consist of the bulk of the residential areas in the Old Town Overlay District, both east and west of Range Line Road, and both residential and commercial properties facing Range Line Road in the north end of the District. There are many different styles of architecture in this area; however, the consistency and character of the neighborhood is worth protecting. The intent of these regulations is to preserve the character of the neighborhood by preserving certain buildings and siting characteristics. Technical Review: The Petitioner appeared at the Oct. 21 Technical Advisory Committee (TAC) meeting. There are close to 28 TAC members, representing city and county agencies, utility companies, etc. Items reviewed for this project were land use, utilities, signage, architecture, landscaping, lighting, life/safety issues, building code compliance, and more. Comprehensive Plan: The Comprehensive Plan is a guide for growth for the City. The Comprehensive Plan calls for central Carmel to be an Area for Special Study, and this use variance public hearing accomplishes that aspect of the Comp Plan, for this specific site. It is important to note that the Comp. Plan contains an Appropriate Adjacent Land Classifications Table, which shows the Best fit vs. Conditional Fit land uses. “B” stands for Best Fit and “C” stands for Conditional Fit, meaning it is appropriate when the more intense development is installed with sensitivity to the adjacent land classification. The psychology office can be placed next to residential uses when installed with sensitivity. The small-scale office use will use the existing house structure, and the residential character will remain. This low intensity land use proposal will be a good transition to the single-family homes to the north and west of the site. Planning Staff’s Final Comments: The Petitioner addressed all planning/zoning review comments, and the Planning Dept. supports the use variance request. The small-scale psychology office won’t have a negative effect on the neighborhood. The site will also remain zoned residential, so there is always an opportunity for the site to revert back to residential use. 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 (DOCS) recommends positive consideration of Docket No. PZ-2020-00161 UV.