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HomeMy WebLinkAboutDepartment Report 01-25-219 of 13 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MONDAY, JANUARY 25, 2021 (UV) Griggs In-Home Daycare. The applicant seeks the following use variance approval: 3. Docket No. PZ-2020-00187 UV UDO Section 2.11 Permitted Uses, Use Variance requested for a Day Care / Day Nursery. The site is located at 10416 Cornell Ave. (Lot 54 Home Place Subdivision.) It is zoned R3/Residence. Filed by Ms. Peyton Griggs, owner. General Info & Analysis: The Petitioner seeks use variance approval to operate a small daycare out of her home in which she lives. The site is located in Home Place. The site is located within an established residential neighborhood that contains single family detached dwellings, as well as duplexes. Please see the Petitioner’s informational packet for more detail on the use variance request. Analysis: The Home Occupation regulations are listed in UDO section 5.18 of the Unified Development Ordinance (see below). A homeowner can use up to 15% of their home for a Home Occupation use. However, the Petitioner will utilize greater than 15% of the home’s floor area for the in-home day care. (Petitioner, please let us know the approximate percentage of the home that will be used for the day care use.) It no longer can be considered a Home Occupation if it exceeds the maximum allowed floor area usage. A Day Care / Day Nursery land use is not permitted in the R3/Residence zoning district, so Use Variance approval is being sought. The Petitioner can comply with all the Home Occupation regulations, except for the percent of floor area. UDO Section 5.18 HO-01: Home Occupation Standards. These Home Occupation Standards (HB) apply to the following zoning districts: A. General: 1. Floor Area: Home Occupations shall utilize no more than 15% of the gross floor area of the dwelling. 2. Character: a. The Home Occupation shall not change the character of the Dwelling, Lot, or parcel; b. The Dwelling shall not bear any indication from the exterior that it is being utilized in whole or in part for any purpose other than a Dwelling; c. The Home Occupation shall not be permitted outside storage or display of materials in connection with the Home Occupation; d. The Home Occupation shall not be permitted signs other than those normally permitted in the district in which the Home Occupation is located. 3. Nuisance: The Home Occupation shall be conducted wholly within the Dwelling, such that there is no outside noise, vibration, odor, smoke, dust, glare or electrical disturbance. 4. Employees: The Home Occupation shall employ no more than 1 individual outside the immediate family. 5. Deliveries: The delivery of any materials for the Home Occupation shall not exceed 2 trips per day by any vehicle not owned by a family member. 6. Equipment: The Home Occupation shall utilize only mechanical equipment that is customarily used for domestic purposes and is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office. B. Excluded Uses: 1. Antique or gift shop; 2. Serving of food or beverages; 3. Animal hospital or commercial kennel; 10 of 13 4. Automobile repair; 5. Major appliance repair or services; and 6. Any processing or manufacturing that produces noxious materials or products. No changes are proposed to the house exterior. The backyard swimming pool will be filled in. The Petitioner is applying for a Class I license through the state of Indiana to run a home daycare out of her home, with more than 15% of the property being used for the day care use. They will be open from 8:00am-5:00pm, Monday- Friday. She will have two full-time employees who will run the day care use with her, and she will have no more than 12 children in the home at one time, in accordance with Indiana state childcare laws. There will be four parking spaces available for pickups and drop offs (separate from the parking spaces for employees) which are staggered across 1.5 hours in the morning and afternoon. The property no longer has a pool, as it has been filled in. The pool house on the property is remaining intact, just being repainted on the outside. No trees are being removed, and the landscape is not changing as a result of the use. (The City Forester does request one shade tree added to the front yard.) There will be no exterior signage; the property will look like a home from the outside. Trash will be contained to a single garbage receptacle that is to be picked up once a week like a normal residence; no large dumpsters will be on the property. The property is also being lived in, as a residence. The fire department will be notified of the existence of a daycare in the home, in accordance with Indiana state childcare laws. Technical Review: The Petitioner appeared at the virtual December 16, 2020 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, landscaping, lighting, life/safety issues, building code compliance, and more. The City Forester has requested a shade tree to be planted in the front yard. Planning Staff’s Final Comments: The Petitioner addressed all planning/zoning review comments except one (need proof of mailings made to the surrounding property owners), and the Planning Dept. supports the use variance request with the condition of approval listed below in the Recommendation. 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-2020-00187 UV with the condition that the Petitioner plants one shade tree in the front yard (with species of tree chosen from the Recommended Tree Planting List; however, the City Forester Daren Mindham recommends a red oak or a tulip tree that is a minimum of 2.5-inch in caliper size (which is usually a 10-12 foot tall tree, as required by the City Code)).