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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
June 26, 2006
4h. Cherry Creek Estates, Sec lA, lot 4 - sales trailer
The applicant seeks the following use variance amendment approval:
Docket No. 06050010 UV Amend ZO Chapter 5.01 & 25.16 Permitted Uses
The site is located at 5882 Cherry Creek Blvd and is zoned S-l/Residence.
Filed by Ann Walker of Pulte Homes of Indiana, LLC.
General Info:
The petitioner seeks use
variance amendment
approval for an additional
2-yr time extension for a
sales trailer for the Cherry
Creek Estates subdivision.
Spring Creek subdivision is
north of the Cherry Creek
Estates subdivision. This
sales office location will
expedite sales within
Cherry Creek Estates, due
to the accessibility ofthe
office and paved parking
places directly in front of
the sales office.
Analysis:
The sales trailer initially
received use variance approval for a two year time limit on June 28, 2004. The sales office is an
integral part ofthe sales of home for Cherry Creek Estates. The sales trailer will be on-site for an
additional two years. The photograph ofthe sales trailer shows some landscaping, a decorative iron
fence, and paved parking. The item has appeared before the Technical Advisory Committee on June
21, 2006 to address all technical comments/concerns. As a side note, the petitioner will also address all
temporary signage within the subdivision that does not have a sign permit or is placed illegally.
Findings of Fact: Use Variance Amendment
1.) The grant of this variance will not be contrary to the public interest, due to the existence
of special conditions(s) such that enforcement of the zoning ordinance will result in
unnecessary hardship because:
If a sale office cannot be in the neighborhood, it may be harder to potential homebuyers to
purchase a home. This location of a sales office makes it more convenient for potential
homebuyers to purchase a home in Cherry Creek Estates.
2.) The grant of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because:
The use variance will not be injurious to the community because it will be on site for only two
years, until the homes are sold in the subdivisions. The sales trailer will also have landscaping,
pave parking, and decorative iron fence to fit into the area for the temporary amount of time.
3.) The use or value of the area adjacent to the subject property will not be substantially
affected in any adverse manner because:
The adjacent properties will not be affected in an adverse manner. The sales trailer will be on-
site for two years, and then it will be removed.
4.) The need for the variance arises from a natural condition peculiar to the subject property
because:
The sales trailer for residential home sales is not a use listed as allowed in the S-lIresidence
zone. Therefore, it must be granted a use variance approval.
5.) The granting of this variance does not substantially interfere with the Carmel/Clay
Comprehensive Plan because:
The Comprehensive Plan's Land Use Plan shows the area around the proposed site to be low
intensity residential communities. The use, as approved, is not in conflict with the
Comprehensive Plan for the area. It is a temporary sales office trailer, which will serve the
neighborhood and help develop the neighborhood more quickly by having on-site sales of
homes.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 06050010 UV
Amend.