HomeMy WebLinkAboutDept Report
CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
Feb. 27, 2006
8h. Orin Jessup Land Co, Sec 1, lots 140-142 pt - Mr. Window
The applicant seeks approval for offices: Docket No. 05120024 UV ZO Chapter 9.01 permitted uses
The site is located at 745 E l07th St. and is zoned R-3/Residence within the Home Place Business District.
Filed by Mitch Sever of Sever & Associates.
General Info:
The petitioner seeks use
variance approval for
general offices to operate
out of a residentially-
zoned property within the
Home Place Business
District. The item has
appeared before the
Technical Advisory
Committee so that all
Issues are reviewed and
addressed.
Analysis:
Currently a small one-
story single-family home
exists on the site. The site
is located northeast of the intersection of l06th Street and College Ave, where business uses are
encouraged within the Business District. The structure will be renovated and may add value to the
immediate area and to Home Place as a whole. The Use Variance request is to only allow general offices.
Regarding the gravel drive, it will be paved. The Comprehensive Plan stresses adaptive reuse of buildings
in this area.
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 lot lies within the Home Place Business District, where business uses
are encouraged, and the use will operate out of an existing structure.
2. The grant of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: The structure will be renovated and upgraded; this
may add value to the adjacent properties. The lot lies within the Home Place Business District,
where business uses are encouraged, and the proposed use will operate out of an existing structure.
Office uses are usually not considered an intense use.
3. The use or value of the area adjacent to the subject property will not be substantially
affected in any adverse manner because: The structure will be renovated and upgraded; this
may add value to the adjacent properties. The lot lies within the Home Place Business District,
where business uses are encouraged. Office uses are usually not considered an intense use.
4. The need for the variance arises from a natural condition peculiar to the subject property
because:
Even though it is zoned R-3/Residence, the property lies within the Home Place Business District.
5. The granting of this variance does not substantially interfere with the Carmel/Clay
Comprehensive Plan because: The Comprehensive Plan includes Resolution No. CC-03-18-02-
01, which sets forth policies and "guidelines for new development and redevelopment while
protecting the existing neighborhood stability". This resolution specifically suggests general
offices as a component of the Home Place Business District.
Recommendation:
The department recommends positive consideration of Docket No. 05120024 DV.