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HomeMy WebLinkAboutDept Report 5-22-06 ~ (;) CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT May 22, 2006 3-4h. Holy Trinity Greek Orthodox Church The applicant seeks approval for the following special use and development standards variance approvals: Docket No. 06040011 SU ZO Chapter 5.02 Special Uses Docket No. 06040012 V ZO Chapter 5.04.01 Building Height The site is located at the northeast comer of l06th St. and Shelbome Rd. and is zoned S-l/Residence. Filed by Larry Kemper of Nelson & Frankenberger. General Info: The petitioner seeks special use approval in order to place a place of worship on this residentially-zoned site. Analysis: Just west of the site is a fire station. To the north is English Oaks Subdivision, and to the south is Huntersfield subdivision. A place of worship is a complementary use to a residential area, according to the Comprehensive Plan. This item has appeared before the Technical Advisory Committee on May 17 and will work with this committee to address and resolve all technical issues, such as landscaping buffers along the east property line, dedicating road right of way pursuant to the County Thoroughfare Plan, making sidewalks ADA compliant, etc. Findings of Fact: Special Use 1. The premises in question is particularly physically suitable for the proposed Special Use because: the site is undeveloped and is located in a rapidly growing residential area, where a complementary use (place of worship) may be necessary. 2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: Places of worship are complementary uses to residential areas, since they are usually low impact and generally non-invasive. 3. The Special Use will be consistent with social/neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: the church will fit into the context of the area. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: utilities are in place since residential neighborhoods and a fire station surround the property. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: a pedestrian path will be created along CD u 106th Street and Shelborne Road to link to the existing path, per the Alternative Transportation Plan. The traffic flow will be accommodated by on-site traffic flow design and with future 106th Street road improvements by the County. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: the church complies with all criteria. Findings of Fact: building height 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: only certain architecturally significant aspects of the building will be taller than 35-ft, and not the whole building. The interesting architectural features may provide additional character to the 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: only certain architecturally significant aspects of the building will be taller than 35-ft, and not the whole building. The interesting architectural features may provide additional character to the 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 building will have to be 35-ft in height or less, possibly causing the building design and use to be negatively affected. Also, the community may be losing and opportunity to provide an additional architecturally significant building to Carmel. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 06040011 SU and 06040012 V with the condition of dedicating road right of way pursuant to the Hamilton County Thoroughfare Plan and with the urban forester's approval of the updated landscape plan.