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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
June 26, 2006
ttd. Shops on Medical Drive
The applicant seeks the following development standards variance approval:
Docket No. 06050016 V Chapter 19.06 landscape bufferyard requirement
The site is located at 126 Medical Drive. and is zoned B-8/Business. Filed by Mukesh Patel.
General Info: The
petitioner is seeking
variance approval to reduce
the required 30-ft front
landscaped buffer yard to
15- ft. The petitioner is
coming to the BZA first,
rather than the Plan
Commission, to see if it is
possible (with variance
approval) to build their site
with the 15-ft reduced front
buffer yard.
Analysis: The site is
located two parcels east of
the Carmel Drive - Range
Line Road Overlay and has
not been redeveloped for
several years. The site is small and requires an innovative site plan. In addition to the 15-ft planting
strip, the petitioner proposes to erect a wrought iron fence with brick pillars, along the front property
line. Currently, the City Forester does not support this variance request, and he is not in favor of the
proposed conceptual overall site landscape plan (which does not meet the ordinance). He also states
that the largest four trees on the block are located on this site, and no attempt has been made to work
them into the proposed site design. The landscaping/buffering site requirements for this site are
regulated by the B-8 zoning district as well as Chapter 26.01.01- Bufferyards -level A. It may be the
case that there is just too much building on the site...
Findings of Fact: landscaping
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: the required number of plantings may still be
planted on the site, as a whole; only the buffer yard width will be reduced..
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: the required number of plantings may
still be planted on the site, as a whole; only the buffer yard width will be reduced.
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 site has not been redeveloped
for several years, and the reduction in buffer yard will allow this petitioner to provide a site
plan that meets all other requirements of the zoning ordinance and possibly add to the business
community of Carmel's urban core.
Recommendation: The Dept. of Community Services recommends positive consideration of
Docket Nos. 06050016 V, after all questions/concerns are addressed about the overall site landscaping.