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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT April 24, 2006 llh. Hay's Addition, Lot 1- Hair Salon The applicant seeks the following use variance approval: Docket No. 06030023 UV ZO Chapter 7.01 permitted uses The site is located at 540 W Smokey Row Rd and is zoned R-l/Residence within the US Highway 31 Overlay. Filed by Susie White & Jennifer Butts. General Info: The petitioner seeks use variance approval for a small hair salon. The petitioner will also live in the building. A use variance to allow a hair salon on a residentially-zoned property is being requested because the petitioner could not meet all of the home occupation standards. Analysis: The site is within the US 31 Overlay, but the house was built in the 1960's which was prior to the creation of the US 31 Overlay District. The project has appeared before the Technical Advisory Committee at the April 19, 2006 meeting to address and resolve all technical issues with the site. The proposed site plans include a parking area expansion, signage, landscaping, and building renovations. 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 within the US 31 Overlay. This hair salon use may provide a transitional buffer between the residential uses to the east of the site and the highway to the west ofthe site. 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 small hair salon use will be utilized mainly Monday through Friday. The use produces very little disturbance to the residents nearby. The residence use will be utilized mainly in the evenings & weekends. 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 small hair salon use will be utilized mainly Monday through Friday. The use produces very little disturbance to the residents nearby. The residence use will be utilized mainly in the evenings & weekends. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The site lies within the US 31 Overlay, but is zoned residential; the house was built in the 1960's which was prior to the creation of the US 31 Overlay District. 5. The granting of this variance does not substantially interfere with the CarmellClay Comprehensive Plan because: The Comprehensive Plan Land Use Map shows this area as being a medium intensity commerciallbusiness area. The proposed use is low intensity, which is better for the adjacent residential areas. The proposed use will be buffered from the adjacent residential area with landscaping/screening and with the road itself (Smokey Row). Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 06030023 DV.