HomeMy WebLinkAboutDept Report 4-24-06
CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
April 24, 2006
Sh. Wal-Mart (Gateway Pavilion)
The applicant seeks approval for the following development standards variance:
Docket No. 06030013 V ZO Chapter 23C.08.02.B maximum 120-ft BSL
The site is located at 10950 N Michigan Rd and is zoned B-3/Business within the US 421 Overlay.
Filed by Joe Calderon of Bose McKinney & Evans LLP.
General Info:
The petitioner seeks variance approval from the required
maximum 120- ft front yard setback from Michigan
Road, in order to have the building sit approximately
780 feet from the Michigan Rd. right of way. This is a
difference of approximately 660 feet.
Analysis:
The project received approval from the Carmel Plan
Commission on March 21, 2006, even though there was
some concern about the building setback. The site
straddles two jurisdictions; Zionville and Carmel. Each
city has its own zoning ordinance, and the petitioner
tried to meet all requirements. The parking lot follows
most of the Carmel ordinance requirements for the US
421 Overlay. However, the building sits back
approximately 780 feet from Michigan Rd, which is a
heavily traveled corridor in west Clay Township.
Findings of Fact: front yard setback
1. The approval of this variance will be injurious to the public health, safety, morals and general
welfare of the community because: with the building set back far away from the road (780 feet), it
may ruin the established character of Michigan Rd where buildings are not more than 120-ft from
the road right of way. The Wal-Mart layout, as proposed, allows a sea of parking to be in front of
the building, possibly negatively affecting the overall character of Michigan Road Corridor, and
also possibly affecting quality of life of users of the corridor.
2. The use and value of the area adjacent to the property included in the variance will be
affected in a substantially adverse manner because: with the building set back far away from the
road (780 feet), it may ruin the established character of Michigan Rd where buildings are not more
than 120-ft from the road right of way, where other sites were able to meet the front build-to line.
The Wal-Mart layout allows a sea of parking to be in front of the building, possibly negatively
affecting the overall character of Michigan Road.
3. The strict application of the terms of the Zoning Ordinance to the property will not result in
practical difficulties in the use of the property because: while the developer is trying to satisfy
requirements for two zoning ordinances from two different jurisdictions, he/she can make every
effort to do good design. The building can be moved up to the 120- ft build to line, hide parking in
the rear of the site, and still have a feasible project, while positively adding to the character of the
Michigan Road Corridor.
Recommendation: The Dept. of Community Services recommends negative consideration of Docket
No. 06030013 V.