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HomeMy WebLinkAboutPacket for BZA 11-27-23Board of Zoning Appeals Mee�ng Informa�onal Packet Docket Number: PZ-2023-00229 UV, -00230 V Pe��oner: Applegate Proper�es LLC Project Name: Use Variance, Nathan Hawkins Addi�on Lot 4 Date: Nov 27 2023 Contact Info: 3rd Party Fred Krawczyk FC Tucker Company Mobile: 317-294-4425 Email: fred.krawczyk@talktotucker.com Pe��oner Carol Applegate Applegate Proper�es LLC Mobile: 317-289-6567 Email: carolapp135@gmail.com Descrip�on of Project: The petitioner seeks the following use variance and development standards variance approvals: 1) Docket No. PZ-2023-00229 UV, UDO Sections 2.19 & 3.56, Permitted Uses – Single Family Dwelling not permitted, Single Family Dwelling requested. 2) Docket No. PZ-2023-00230 V, UDO Section 5.28 (D)(2), Parking spaces in any business, industrial, or manufacturing district shall not be located closer than 5’ to any lot or parcel located in a residential district or used for residential purposes, 2’ requested. The site is located at 140 N. Rangeline Rd. (Nathan Hawkins Addition Lot 4). It is zoned B1/Business and Old Town Overlay, Historic Rangeline Subarea. The Subject Lot currently has (2) buildings. An office building and a Single Family Residence (accessory dwelling). The owner (petitioner) currently lives in the Single Family Residence and wants to sell the office building so a use variance and primary plat amendment have been requested. The addition of the residence has improved the aesthetics of that corner and contributes to the ambiance of the mixture of business and residents closely intertwined. Carmel is unique in that the Arts district does have both residen�al and business together. Residents can be seen walking and conduc�ng business all within a few blocks. This feature is especially atrac�ve to the elderly popula�on where residents can be more ac�ve and social within a few blocks. The office building, currently occupied by an elder law firm, has a unique situation in that there are at least two parking spots next to the building which allow close parking for elderly clients. Two curb cuts are needed to allow for cars to pull in and out of that area. Also, a request to add 2 more parking spots at the west side of the office building to allow for tenant parking in addition to street parking. FINDINGS OF FACT - USE VARIANCE CARMEL BOARD OF ZONING APPEALS (Petitioner to fill out 1-5 + first 2 blanks) Docket No.: PZ-2023-00229 UV Petitioner: Applegate Properties LLC 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community because: Use Variance request for Single Family Residence (SFR) _______________________________________________________________________________________ 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: Subject property adjacent to another Single Family Residence _______________________________________________________________________________________ 3. The need for the variance arises from some condition peculiar to the property involved because: Owner is requesting a Primary Plat Amendment to split the parcel in order to sell the commercial Property on the East side of the parcel _______________________________________________________________________________________ 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 because: Subject property as a Single Family Residence would be subject to commercial level taxes & insurance as an accessory building _______________________________________________________________________________________ 5. The approval will not interfere substantially with the Comprehensive Plan because: Subject property currently resides in close proximity to other residential properties, commercial Property to the East on Rangleline would retain commercial zoning similar to adjoining properties DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Use Variance Docket No. PZ-2023- 00229 UV is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this _______ day of ____________________________________, 20 __________. _____________________________________________ _________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals _____________________________________________ _________________________________________ SECRETARY, Carmel Board of Zoning Appeals _____________________________________________ _________________________________________ Conditions of approval of the Board, if any, are listed on the Letter of Grant. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1 - 3 , plus first two blanks) Docket No.: PZ-2023-00230 V Petitioner: Applegate Properties LLC 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Proposed off street parking space borders the yard of a Single Family Residence, no obstructions _____________________________________________________________________________________ _____________________________________________________________________________________ 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: Subject area previous use was parking, area reduced by construction of Single Family Residence _____________________________________________________________________________________ _____________________________________________________________________________________ 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: Proposed parking to promote off street parking and compliance with minimum no. of parking spaces _____________________________________________________________________________________ _____________________________________________________________________________________ DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00230 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this _______________ day of __________________________________, 20 _______. _____________________________________________ _____________________________________________ HEARING OFFICER, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant.