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HomeMy WebLinkAboutDepartment Report 01-23-22 7 of 8 CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING DEPARTMENT REPORT MONDAY, JANUARY 23, 2023 (V) Pruett Residence, Home Occupation Variance. The applicant seeks the following development standards variance approval: 6. Docket No. PZ-2022-00243 V UDO Section 5.18 Home Occupation Standards – Backyard area requested to be used. The site is located at 13787 Hickory Ridge Ct. (Springmill Crossing subdivision, Lot 163). It is zoned S2/Residence. Filed by Steven Lammers of MRL (Mandel Rauch & Lammers, P.C.), on behalf of Cary & Carrie Pruett, owners. General Info & Analysis: Home Occupations are allowed in all residential zoning districts as an Accessory Use. The Petitioner seeks approval to use of his backyard for a portion of his Home Occupation which includes one-on-one soccer and agility training. Please see the Petitioner’s info packet for more detail on the variance request. Definition: The Unified Development Ordinance defines a Home Occupation as an Accessory Use conducted in a Single-, Two- or Multiple-family Dwelling which is clearly incidental and secondary to the Use of the Dwelling for dwelling purposes. Standards: Listed below are the Home Occupation Standards found in UDO Section 5.18: A. General: 1. Floor Area: Home Occupations shall utilize no more than 15% of the gross floor area of the dwelling. 2. Character: a. The Home Occupation shall not change the character of the Dwelling, Lot, or parcel; b. The Dwelling shall not bear any indication from the exterior that it is being utilized in whole or in part for any purpose other than a Dwelling; c. The Home Occupation shall not be permitted outside storage or display of materials in connection with the Home Occupation; d. The Home Occupation shall be permitted signage per Article 5, Section 5.39. 3. Nuisance: The Home Occupation shall be conducted wholly within the Dwelling, such that there is no outside noise, vibration, odor, smoke, dust, glare or electrical disturbance. 4. Employees: The Home Occ. shall employ no more than one individual outside of the immediate family. 5. Deliveries: The delivery of any materials for the Home Occupation shall not exceed two trips per day by any vehicle not owned by a family member. 6. Equipment: The Home Occupation shall utilize only mechanical equipment that is customarily used for domestic purposes and is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office. B. Excluded Uses: 1. Antique or gift shop; 2. Serving of food or beverages; 3. Animal hospital or commercial kennel; 4. Automobile repair; 5. Major appliance repair or services; and 6. Any processing or manufacturing that produces noxious materials or products. HOA: We are told that Homeowners Association approval was granted for the improvements to the back yard. Noise: The Petitioner has committed to not using megaphones or whistles. However, there is also potential for noise from the ball hitting the wall, as well as general sounds associated with sports training. The concern is that 8 of 8 the amount of noise and the occurrences of it will become a nuisance. The Petitioner should consider reducing the total number of trainees on site at one time, as well as reduce the days/hours of operation. The Noise Regulations are listed in the Carmel City Code. Noise violations are enforced by the Carmel Police Dept. However, it is anticipated that this proposed Home Occupation will produce no more noise than regular single family home uses. Lighting – The info packet mentions two solar lights. Planning Staff needs additional details on the exterior light fixture designs related to the soccer & agility training uses. Photos of the backyard at night with the lights on would also be helpful to have. (The lighting limits at the property lines need to be at or less than 0.1 footcandles, per UDO section 5.02.) Hours of Operation – The proposed operation of 7 days a week, from 8:00am to 9:00pm, might be excessive. Also, the maximum number of lessons per day proposed is 10. The BZA should review & discuss this. Trainees On-site - The proposed maximum number of trainees on-site at one time is 5. Again, this might be excessive. The BZA should review this and discuss. Parking – The Petitioner proposes to have all patrons and trainees, including drivers such as parents/guardians, park on-site and not on the street. Fence – In the info packet, the Petitioner notes that a fence was installed as part of the HOA approval for the artificial turf space. This fence needs a Fence Permit. Late fees might also apply. Employees – Petitioner, please confirm that there will only be one employee – Mr. Pruett. Final Comments: The proposed intensity of this Home Occupation is a concern. The number of occurrences per day and week, along with the total number of trainees on site and the number of lessons per day offered, appear to make this more of a full time business. The main concern is the nuisance provision of the Home Occupation standards. The standards also mention the character of the lot and parcel (not just the dwelling); that at least in part suggests potential outdoor utilization. As proposed, the intensity of this use would need more of a Use Variance approval (for a business use on a residentially zoned lot), rather than a Development Standards Variance from the Home Occupation standards. The Findings of Fact for a Use Variance would be harder to meet, if that is the approval route the Petitioner wants to take. Overall, the Planning Dept. generally supports the variance request, but with the conditions listed in the Recommendation below. Findings of Fact: Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services (DOCS) generally recommends positive consideration of PZ-2022-00243 V with the conditions of parking location on-site, reducing the total number of trainees on site at one time, lighting compliance, fence permit approval, and reducing the days/hours of operation, also with adoption of the Findings of Fact submitted by the Petitioner.