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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT April 24, 2006 7-8h. Frank E Hawkins Addition, Lot 1 - Art Gallery The applicant seeks the following use variance and development standards variance approvals: Docket No. 06030015 UV ZO Chapter 8.01 permitted uses Docket No. 06030016 V ZO Chapter 27.03 unpaved, uncurbed parking The site is located at 220 2nd Street SW and is zoned R-2/Residence within the Old Town Overlay- Character Subarea. Filed by Matt & Rachel Frey. General Info: The petitioner seeks use variance approval to operate a cultural use out of a residentially zoned property within Old Town, particularly an art gallery. The petitioner also seeks variance approval to have a gravel parking area, instead of a paved/curbed parking area. Analysis: The site is adjacent to the Monon Trail and the Carmel Clay Historical Society. The lot lies near the Carmel Arts & Design District, as well as within the Old Town Overlay. A use variance approval will only allow a cultural use (art gallery). If the business leaves, the use will go back to being a residential single family home. If another art gallery wants to move in, then the use variance approval will already have been approved, but no other type of business. The signage will follow the Old Town Sign requirement of the Sign Ordinance. The landscape plan has been reviewed by the City Forester and this item had all technical issues reviewed by the Technical Advisory Committee on April 19, 2006. Due to the site's location to the Monon Trail and Carmel Arts & Design District, it may be best to put a time limit on the approval for the gravel parking area, if approved. Then, when the variance time limit is up, the petitioner will have to pave the parking area or reappear before the Board for variance approval for the gravel parking 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 is located at the border of the Old Town Overlay; just south, across the street, is an industrial zoning district. The cultural use (art gallery) use may provide a transitional buffer between the residential and industrial districts. 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 art gallery use will be utilized mostly on the weekends. 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; art gallery. 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 and near the Carmel Arts & Design District, 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 that Old Town have 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 may not be the optimum option for this residential-zoned property at this point in time. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 06030015 UV & 06030016 V with the condition that a time limit is imposed on the variance by the Board.