HomeMy WebLinkAboutDept Report 7-23-01
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City of Carmel
DEPARTMENT of COMMUNITY SERVICES
Division of Planning & 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 Hearin2:
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)
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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 fayade
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 defmed 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
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Department Report - Board of Zoning Appeals
July 23,2001
Page 4 of 18
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13-14h. 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-I/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-IICity 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-IICity Center
District.
Automobile Service Stations are not a permitted use within the C-I/City Center
District. Injury would be done through the granting to the property owner the
ability to establish a business in the C-IICity 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
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Department Report - Board of Zoning Appeals
July 23,2001
Page 5 ofl8
, 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
CarmeVClay 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. consisting of approximately 30.000
square feet (0.69=!: acres) was rezoned from B-3/Business to C-l/City Center District on
September 18.2000. The petitioner was provided proper legal notice for this zone map
amendment per the requirements 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-I
District.
The CarmeVClay 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 applicable provisions of the ordinance.
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