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HomeMy WebLinkAboutDept Report 07-23-01 , i City of Carmel DEPARTMENT of COMMUNITY SERVICES Division OfPla1111111g & Zoning " July 18, 2001 Department Report To: Board of Zoning Appeals Members From: Department of Community Services Re: Projects scheduled to be heard July 23,2001 H. Public Hearine: lh-9h. These Items Currently Tabled: Lakes at Hazel Dell, Section 1 (UV-133-00; UV-134-00; UV-135-00; UV-136-00; V- 153-00; V-154-00; V-155-00; V-156-00; V-157-00) 10-l2h. Donatos Pizza (V-66-01; V-67-01; V-68-01) Petitioner seeks Developmental Standards Variances of the following Sections of the Sign Ordinance: 25.7.01-2: Traffic Directional Sign 5-square-foot directional sign 25. 7.02-8(b): Number & Type 2 Identification Signs 25. 7.02-8(b): Number & Type 2 wall signs on the east fa~ade The site is located at 1422 Keystone Way East. The site is zoned B-8/Business and is located partially within the SR 43l/Keystone Avenue Overlay Zone. V-66-01 - Section 25.7.01-2: Traffic Directional Sign - Petition to allow a five-square- foot Traffic Directional Sign. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of development standards, the Board shall determine in writing that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; Insofar as the general welfare of the community is defined by the Sign Ordinance (ZO Section 25.7; Z-302), the appropriate size for a traffic directional sign is four square feet. Injury to the general welfare would be sustained through the granting of a larger sign area without practical difficulty being demonstrated. Furthermore, injury would be done Page 1 Department Report - Board of Zoning Appeals July 23,2001 Page 2 of 18 through the granting to the property owner the ability to establish signage that is not permitted other business owners in the community. 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; and It is the Department's opinion that the use and value of the area adjacent to the property will not be affected in a substantially adverse manner by the installation of a five-square- foot traffic directional sign. 3. The strict application of the terms of the Zoning Ordinance will result in practical difficulties in use of the property. There is no evidence to suggest that there is practical difficulty posed by the installation of a four-square-foot traffic directional sign that meets code versus the installation of a five-square-foot sign that does not. V -67-01 - Section 25. 7.02-8(b): Number & Type - Petition to allow two Identification Signs. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of development standards, the Board shall determine in writing that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; Insofar as the general welfare of the community is defined by the Sign Ordinance (ZO Section 25.7; Z-302), the appropriate number of signs for a single-tenant building is prescribed as one identification sign per frontage on a public street. The Donatos Pizza site only has frontage on Keystone Way East; therefore, it is only permitted a single identification sign. Injury to the general welfare would be sustained through the granting of a second identification sign without practical difficulty being demonstrated. Furthermore, injury would be done through the granting to the property owner the ability to establish signage that is not permitted other occupants of single-tenant buildings in the community. 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; and It is the Department's opinion that the use and value of the area adjacent.to the property will not be affected in a substantially adverse manner by the installation of a second identification sign. 3. The strict application of the terms of the Zoning Ordinance will result in practical difficulties in use of the property. Page 2 Department Report - Board of Zoning Appeals July 23, 2001 Page 3 of 18 There is no evidence to suggest that there is practical difficulty posed by the installation of a single identification sign per code rather than two. Both signs would be oriented to the same frontage, being essentially redundant. V-68-01-Section 25.7.02-8(h): Number & Type-Petition to allow two Identification Signs on the east fa9ade. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of development standards, the Board shall determine in writing that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; Insofar as the general welfare of the community is defined by the Sign Ordinance (ZO Section 25.7; Z-302), the appropriate location for signs for a single-tenant building is prescribed as one ground, wall or roof identification sign per frontage on a public street. For properties having frontage on more than one public street, two identification signs would be permitted on the same frontage provided that only one be a wall or roof sign and the second a ground sign. The Donatos Pizza site only has frontage on Keystone Way East; therefore, it is only permitted a single identification sign on the east fac;ade. Injury would be done through the granting to the property owner the ability to establish signage that is not permitted other occupants of single-tenant buildings in the community. 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; and It is the Department's opinion that the use and value of the area adjacent to the property will not be affected in a substantially adverse manner by the installation of a second identification sign on the east fac;ade. 3. The strict application of the terms of the Zoning Ordinance will result in practical difficulties in use of the property. There is no evidence to suggest that there is practical difficulty posed by the installation of a single identification sign on the east fayade per code rather than two. Both signs would be oriented to the same frontage, being essentially redundant. The Department recommends negative consideration of Docket Nos. V-66-01. V- 67-01 and V-68-01 given the findings expressed above. Page 3 Department Report - Board of Zoning Appeals July 23,2001 Page 4 of18 13-I4h. Carmel City Center - Goodyear Tire (UV-72-01; A-73-01) Petitioner wishes to appeal the determination of the Director regarding the expiration of the legal non-conforming status of a discontinued business use. Petitioner also seeks Use Variance approval in order to reestablish the aforementioned business. The site is located at 800 South Range Line Road. The site is zoned C-l/City Center District. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of use, the Board shall determine in writing that: 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship; and The Ordinance provides for a number of uses which would result in the profitable use of the parcel in question. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community; Carmel Goodyear ceased to operate on or around the 15th of March, 2000, without cause or action by the City of Carmel. Section 28.1.5 of the Zoning Ordinance allows a legal nonconforming use that has discontinued operations on a site to resume operations within one year, after which the site must conform to the applicable zoning regulations. On May 1, 2000, the City Council adopted Ordinance No. Z-343, which established the C-lICity Center District (Chapter 20E of the Zoning Ordinance). Section 20E.0.1 of the ordinance states that, "The purpose of the C-I City Center District is to create and protect land areas for the development of the Carmel City Center..." On September 18,2000, the City Council adopted Ordinance No. Z- 347, which rezoned the subject property from B-3/Business to C-lICity Center District. Automobile Service Stations are not a permitted use within the C-lICity Center District. Injury would be done through the granting to the property owner the ability to establish a business in the C-l/City Center District that is not permitted while there are other zoning districts within which the use is either permitted by right or as a Special Use. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner; The use and value of the adjacent properties may be affected in a substantially adverse manner in that their attractiveness for use as retail, residential, office, or community facilities might be harmed. 4. The need for the variance arises from a natural condition peculiar to the Page 4 Department Report - Board of Zoning Appeals July 23,2001 Page 5 of 18 . subject property; . There is no condition peculiar to the parcel that mandates its use as an Automobile Service Station. 5. The 'granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan. The approval would not interfere substantially with the Comprehensive Plan. The Department recommends negative consideration of Docket No. UV-72-01. The Department recommends that the Board uphold the Director's Determination in the matter of Docket No. A-73-01. for the following reasons: Special Use approval for a Goodyear tire center was granted August 25. 1986. under Docket No. 8-32-86. Carmel Goodyear ceased to operate on or around the 15th of March. 2000. without cause or action by the City of Carmel. The parcel. consistin(! of approximatelY 30.000 square feet (O.69~ acres) was rezoned from B-3/Business to C-lICitv Center District on September 18. 2000. The petitioner was provided proper legal notice for this zone map amendment per the reauirements of the State of Indiana. as well as the City of Carmel. The operation of an Automobile Service Station is not a permitted use in the C-l District. The Carmel/Clay Zoning Ordinance has established provisions for nonconforming uses that would have allowed the business to re-open as a legal nonconforming use prior to the passing of one (1) year. The Ordinance also provides that in the event a legal nonconforming use of any building or premise is discontinued for a period of one (1) year. the use shall thereafter conform to the apt>licable provisions of the ordinance. Page 5