HomeMy WebLinkAboutDept Report 09-24-01
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City of Carmel
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September 19, 2001
Department Report
To: Board of Zoning Appeals Members
From: Department of Community Services
Re: Projects scheduled to be heard September 24,2001
H. Public Hearine::
1h-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)
1O-12h. Shell Station (V-92-01; V-93-01; V-94-01)
Petitioner seeks the following Developmental Standards Variances:
V-92-01 ZO 25.7.02-7(b) 2 Special Use signs
V-93-01 ZO 25. 7.02-7(c)(i) 95-square-foot ground sign
V-94-01 ZO 25. 7.02-7(d)(i) 9' 4" ground sign
The site is located at 3202 East 96th Street and is located partially within the SR
431/Keystone Avenue Overlay Zone.
V -92-01 - Section 25.7. 02-7(b): Number & Type - Petition to allow two Special Use
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 Special Use
located on a parcel less than five acres in size is one (1), ten-square-foot
Identification Sign.
The appropriate number of signs for a single-tenant building, however, is
prescribed as one Identification Sign per frontage on a public street. The Shell
site has frontage on East 96th Street and North Keystone Avenue; therefore, if it
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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 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 S-2/Residence
District Ordinance (ZO Chapter 6), the appropriate uses for the area do not
include retail.
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;
The proposed use of the property (retail jewelry store) is of a sufficiently low
impact that the proposed landscape buffering should be sufficient to ameliorate
the impact of the project on surrounding residential properties.
3. The need for the variance arises from some condition peculiar to the
property involved;
There is no condition peculiar to the Subject Property that makes a Use Variance
appropriate.
4. The strict application of the terms of the Zoning Ordinance will constitute an
unnecessary hardship if applied to the property for which the variance is
sought; and
The strict application of the Zoning Ordinance does not constitute an unnecessary
hardship on the Subject Property. The Property could be developed with a single-
family residence without the need for either Variances of Developmental
Standards or Use.
5. The approval does not interfere substantially with the Comprehensive Plan.
The proximity of this property to the intersection of East 96th Street and North
Keystone Avenue would make its use for retail appropriate under the
Comprehensive Plan.
The Del'artment recommends that the Board of Zoning Appeals Table this Item
until such time as the Plan Commission and City Council have had an opportunity to
consider a Rezone petition for this property. The utilization of a Use Variance in an
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Department Report
Board of Zoning Appeals
September 24,2001
Page 8 of21
effort to mask the existence of Commercial property in proximity to Residential property
on the Official Zone Map is inappropriate. There is no condition peculiar to this property
that makes a Use Variance an appropriate course for this project. Rezoning by Use
Variance circumvents the proper legislative authority for making such decisions.
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