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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
September 25, 2006
IOh. 122nd & Penn Development
The applicant seeks the following development standards variance approval:
Docket No. 06080021 V Chapter 14.04.01 Building Height
The site is located at the northeast comer of 122nd St. and Pennsylvania St., and is zoned Rl/Residence
and M3/Maufacturing, with a B3/Business rezone pending.
Filed by Paul Reis of Bose McKinney & Evans, LLP for Panattoni Development, LLC.
General Info:
The petitioner seeks variance
approval in order to have 50-ft
tall office buildings on the site,
rather than 35-ft tall. This is a
variance request of 15 feet in
height.
Analysis:
The petitioner is currently in the
process of rezoning the site from
R-l/Residence and M-
3/Manufacuting to B-3/Business,
before the Plan Commission.
Also, the petitioner is before the
Plan Commission for site plan
and architectural approval for
three 3-story office buildings.
The parcel is adjacent to the US
Highway 31 overlay district,
otherwise known as The Corporate Corridor, mainly comprising of office buildings. The surrounding
adjacent projects are a proposed full service hotel to the west of the site, office buildings to the south of
the site, Kirk Furniture Showroom and Kirk Boat Sales to the north, and industrial/warehousing uses to
the east, including a health fitness facility and offices.
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: the variance request is for 15- ft of building height
on a parcel adjacent to the US Highway 31 Corridor Overlay.
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 variance request is for 15-ft of
building height on a parcel adjacent to the US Highway 31 Corridor Overlay.
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 office buildings will not be able to
be 3 stories in height, possibly negatively affecting the feasibility and marketability of the site,
due to less office space.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 06080021 V.