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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
March 27, 2006
6d. The Great Frame Up (Warren & Phelps, lot 21pt & 22pt)
The applicant seeks approval for the following development standards variance:
Docket No. 06030002 V ZO Chapter 12.04.05.2 rear yard setback
The site is located at 21 First Street SW and is zoned B-l/Business. Filed by Mark Fraley.
General Info:
The required rear yard setback in the B-1 district is 15 feet.
The petitioner is requesting a variance of 3.6 feet, in order to
construct a building addition that is located 11 feet and 5
inches from the rear property line.
Analysis:
The existing structure will be used for a frame shop. This
site was before the Plan Commission Subdivision committee
on March 7 for design review and has been approved,
contingent upon approval of this variance request. The site
plan meets all ordinance requirements, except fore the rear
yard setback. An alley is located at the rear of the property,
meaning it does not abut another lot, creating an additional
buffer. The site is located very close to the Old Town
district, where lots are small and density is high. (In the very
near future, the Carmel Redevelopment Commission will
seek approval to vacate the alley located near this site.)
Findings of Fact:
1.) The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: the variance request is for 3.6 feet on the rear yard
setback. An alley provides additional land for buffering by distance.
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: the variance request is for 3.6 feet on the
rear yard setback. An alley provides additional land for buffering by distance.
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 business will not be able to perform
all of the functions it needs to, possibly causing the business to close at that location and have to
relocate.
Recommendation:
The department recommends positive consideration of Docket No. 06030002 V.