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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT Feb. 27, 2006 6-7h. Frank E Hawkins, lot 6 - Professional Offices The applicant seeks the following use variance & development standards variance approvals: Docket No. 05120013 UV ZO Chapter 9.01 permitted uses Docket No. 05120014 V ZO Chapter 27.03 curbed/paved parking area The site is located at 320 2nd Street SW, and is zoned R-3/Residence within the Old Town Overlay- Character Subarea. Filed by Frederick & Jennifer Grief. ~.. General Info: The petitioner is seeking variance approvals to operate a professional office on a residentially zoned parcel, located within the Old Town Overlay Character Subarea. The second variance request is to allow the driveway/parking area to remain gravel and not be paved with asphalt and concrete curbing. The issue of parking was brought up at the Technical Advisory Committee meeting, where the petitioner sated that there is sufficient parking, and with today's technology, many clients email the data to his office, instead of driving there. Analysis: Currently a small one-story single-family home exists on the site with a one-car garage and a gravel driveway. The site is located on the border of the Old Town overlay, where mixes of business with residential uses is encouraged. The structure will be renovated and may add value to the immediate area and to Old Town as a whole. The Use Variance request is to only allow professional offices. Regarding the gravel drive, there may be drainage benefits and landscape benefits to keeping the parking area pervious. The Comprehensive Plan stresses adaptive reuse of buildings in this area. The use on this site could be a transitional buffer use from l-lIIndustrial to the south to the R-3/Residence to the north. 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: There lot is located at the border of the Old Town Overlay; just across the street is an industrial zoning district. This professional office use may provide a transitional buffer. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The 2 structures will be renovated and upgraded. This may add value to the adjacent properties. The professional office use will be utilized mainly Monday through Friday. The use produces very little disturbance to the residents nearby. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The 2 structures will be renovated and upgraded. This may add value to the adjacent properties. The property will still be zoned residential, but with a use variance to allow a very specific use; professional offices. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The site lies within the Old Town Overlay, is adjacent to an Industrial area, but is zoned Residential. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The Comprehensive Plan recommends Old Town as having street oriented retail and office uses. It also stresses the adaptive reuse of buildings. Findings of Fact: uncurbed/unpaved parking 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: uncurbed parking will maintain the residential character of the property and will aid in drainage/infiltration better than a curbed parking area. 2.) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: uncurbed parking will maintain the residential character of the property and will aid in drainage/infiltration better than a curbed parking 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 petitioner will have to provide curbed parking and subsurface drainage, which is not the optimum option for this residential-zoned property. Recommendation: The department recommends positive consideration of Docket Nos. 05120013 UV and 05120014 V.