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HomeMy WebLinkAboutDepartment Report 02-27-23 8 of 11 CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING DEPARTMENT REPORT MONDAY, FEBRUARY 27, 2023 (UV, V) Insurance Office Variances. The applicant seeks the following use variance and development standards variance approvals: 1. Docket No. PZ-2022-00192 UV UDO Section 2.03 - Office use not allowed, Use variance requested. 2. Docket No. PZ-2022-00193 V UDO Section 5.39.H.5.b.iii - Ground Sign type requested for residential structure converted to office. 3. Docket No. PZ-2022-00201 V UDO Section 2.04 - Minimum 40-ft front yard building setback required, 31-ft requested. 4. WITHDRAWN: Docket No. PZ-2022-00203 V UDO Section 5.39.H.2 1 sign allowed, 2 requested. The site is located at 4991 E. Main St. and is zoned S1/Residence. Filed by Misha Rabinowitch of Dinsmore Law Firm, on behalf Marshall Holdings LLC. General Info & Analysis: The Petitioner seeks use variance approval for an (insurance) office use. Development standards variances are also requested for signage (type) and for front building setback. The use variance request is not a rezone; the site will remain zoned residential. This professional office land use proposed is not the same as a retail or restaurant use. It does not bring as much traffic, and it is not as intense a use. Surrounding land uses are the Carmel Clay Schools Educational Services Center & Hartman Fields to the west and south, Carmel Dads’ Club Badger Fields to the east, Carmel Fire Station 44 to the northwest, and single family residential neighborhoods to the north (Trails at Avian Glen and Emerald Crest at Hazel Dell Summit). Please see the Petitioner’s Informational Packet for more detail on the use variance and development standard variance requests. Comp Plan: Per the Comprehensive Plan, this office land use can be a Best Fit next to institutional uses & parks and recreation uses. It can also be a Conditional fit next to suburban residential uses, if it is installed with sensitivity. In this case, distance and buffers help, as well as making the site residential in feel with the building architecture, landscaping, etc. Architecture/Design: The proposed building will be residential in architecture and materials and have a front porch. The siding material is now proposed to be a white color (where red was proposed, prior). The addition of the front porch, as well as the dedication of street right of way (and construction of the multi-use path), causes the need to seek variance approval for front building setback. A minimum of 40-ft is required, and 31 feet is requested. This is a variance of 9 feet, or 23% decrease. The Planning Dept. is supportive of this. Site Plan: Again, a 31-ft front yard building setback is proposed, when a minimum of 40-ft is required, and so a front setback variance is requested. This is mostly due to the fact that an open air front porch with roof is being added to the front of the existing structure, and also due to the fact that the required compliance with the Comprehensive Plan’s Transportation Plan requires the dedication of street right of way as well as the installation of the multiuse path along the site’s street frontage. The latest site plan shows a proposed parking lot and drive aisle located to the south side of the building. 13 parking spaces are proposed (only 11 are required, based on the parking ratio of 1 space / 300 sq. ft. for a professional office). The Planning Dept. suggests that the Petitioner removes these two extra parking spaces and just delineate a land banked area for future parking, if ever needed. Lighting: Lighting is proposed for the parking lot, the ground sign, and for the building. They meet the 0.1 foot candle limits at the property lines. The site lighting has been changed to be more of a low level residential type of lighting. Also, parking lot lighting will be turned off at 10:00 PM. Landscaping: Landscaping will be provided, as well as some existing tree protection. The landscape plan contains perimeter buffer yard plantings, parking lot plantings, building foundation plantings, and ground sign 9 of 11 base plantings. This will help ‘soften’ the site. Signage: Signage proposed consists of one ground sign. One variance is requested for signage – for sign type. Per the Sign Standards in the UDO, the only allowed Permanent Sign types for residential structures that have been converted to commercial or office use are Porch signs and Suspended signs. Please see UDO section 5.39 (H). A Porch Sign is allowed to be 6 sq. ft. in area, and a Suspended Sign is allowed to be 12 sq. ft. maximum in area. (The proposed Ground Sign size is 24.5 sq. ft.) Only one sign is allowed per street frontage, and this site only has one street frontage. The Petitioner requests an exterior illuminated 24.5 sq. ft. ground sign with up-lighting from the ground. It will have a masonry sign base, as well as a cap/cornice. Planning Staff is supportive of the ground sign if it can be modified to be more understated in design/lighting and smaller in size (closer to 12 sq. ft.). (For reference, an allowed Suspended sign type with an arm and post design is allowed for a residential property that is converted into an office or commercial use, but it can only be a maximum of 12 sq. ft. in area.) The Petitioner continues to work with Planning Staff on the ground sign’s design, lighting, landscaping, etc. A few suggestions are to have the sign turn off after hours, and/or have the sign panel only have the letters & ad logo shine through, and that the rest of the sign panel is opaque. Lastly, vehicles used as signs is addressed in UDO section 5.39(D)(13), under the Prohibited Signs section. If the Petitioner wants to park a Commercial Vehicle with signage on the site, and she cannot meet the exceptions, then she will need to seek additional BZA variance approval. (Planning Staff will most likely not be supportive of that variance, though.) The definition of Commercial Vehicle is also listed in the UDO. Technical Review: The Petitioner coordinated review with the Technical Advisory Committee (TAC) members. There are close to 28 TAC members, representing city and county agencies, utility companies, etc. Items reviewed for this project were land use, life/safety issues, building code compliance, landscaping, utilities, grading/drainage, and more. If the variances are approved, then the Petitioner will submit a full set of civil plans for review/approval by TAC. The Carmel Engineering Dept. has no concerns with the small amount of traffic that will be generated, and they also are okay with the Petitioner providing a full set of site construction plans later, if/when the use variance is approved. (The Petitioner still needs to address the few remaining Unresolved TAC review comments related to the variance requests, and those mostly relate to signage and to parking.) Final Comments: The Petitioner is working on addressing the remaining Unresolved TAC review comments, and the Planning Dept. supports the use variance and development standards variance request for front setback. The Planning Dept. can possibly support the variance for the sign type (for the ground sign) if some changes are made, such as reducing the sign area to be more in line with an allowed 12 sq. ft. Suspended sign type. For the variances that the Planning Dept. is supportive of, we also recommend the Conditions listed below in the Recommendation section. Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their BZA info packet. (The BZA attorney will write up any negative findings of fact.) Recommendation: After all comments and concerns are addressed, the Dept. of Community Services (DOCS) recommends positive consideration of Docket Nos. PZ-2022-00192 UV, PZ-2022-00193 V, and PZ-2022-00201, with the conditions of: 1. The Petitioner addressing remaining TAC review comments within 90 days of BZA approval, 2. Reducing the total number of proposed parking spaces down to 11 (provide 2 land banked parking spaces), 3. Having the lighted ground sign turn off after hours, 4. Having the Ground Sign size reduced to more closely align with an allowed 12 sq. ft. Suspend sign type, 5. and with the adoption of the findings of fact submitted by the Petitioner.