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HomeMy WebLinkAboutDepartment Report 11-27-2317 of 20 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, NOVEMBER 27, 2023 (UV, V) Nathan Hawkins Addition Lot 4 Use Variance & Variance. The applicant seeks the following use variance and development standards variance approvals: 2. Docket No. PZ-2023-00229 UV UDO Sections 2.19 & 3.56 Permitted Uses – Single Family Dwelling not permitted, Single Family Dwelling requested. 3. 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. Filed by Fred Krawczyk of FC Tucker, on behalf of Applegate Properties LLC. General Info: • The Petitioner seeks to subdivide a parcel into 2 lots on north Rangeline Rd. The property is zoned B1/ Business within the Old Town Overlay Zone and currently has a home (accessory dwelling) and an office building on it. Lot 4B will contain the existing office and Lot 4A will contain the single-family home. • The Dwelling is located at 35 2nd St NW. • When/if that lot split is approved, the accessory dwelling home will become a single family dwelling home on its own lot. And, single family dwellings are not permitted land uses in the B1 zoning district without use variance approval. • Also, when/if the lot is split, the parking spaces for the parking lot on the office side will be located 2-ft from the newly formed residential lot. The minimum requirement is 5-ft, so variance approval is required for that. • Properties to the north and south are zoned B-1/Business, to the east is B-5/Business and to the west is R- 4/Residential, all within the Old Town Overlay Zone. • A Use Variance is requested for a single family dwelling land use on the west side, and a Development Standards Variance is requested for the parking spaces setback on the east/business side. • The site is not located in any residential subdivision, so there is no HOA (Homeowners’ Association). • Surrounding this site are single family residential homes and office uses. • The Plan Commission-related project is Docket No. PZ-2023-00228 PPA: Nathan Hawkins Addition Lot 4, Subdivision Amendment (Primary Plat Amendment). • Please see the Petitioner’s info packet for more detail on the variance requests. Comprehensive (Comp) Plan Analysis: • The Comp. Plan classifies this area as Downtown which features the City’s most diverse mix of uses and building massing/scales. • Commercial and residential uses are permitted in this area. • Maximum height is 6 stories, and the typical lot coverage varies. • The proposed subdivision plat meets the goals of the Comp. Plan and is therefore considered a best fit next to the surrounding properties which are also classified as Downtown on the Comp. Plan. Additional Analysis: Site Plan and Engineering: • This plat request proposes to split an existing lot/parcel with 2 buildings on it into 2 lots/parcels so each building is on its own lot. • Business building is oriented toward Rangeline Rd. and the residential home is oriented to 2nd St. NW. • Access to both lots will be via 2nd St. NW. • The existing right-of-way and sidewalks are already provided for both streets, as is the parking. • There is a 5 ft. wide utility easement on the single-family lot and an 8 ft. wide utility easement on the 18 of 20 business lot. • The Petitioner is in the process of confirming that each new lot will meet the maximum allowed lot coverage, since each building will now be on its own lot. (45% maximum for single-family and 70% maximum for all other uses.) Draft calculations appear to be in compliance. Active Transportation: • 5 ft. sidewalks exist along Rangeline Rd. and 2nd St. NW. Landscaping: • For this primary plat amendment, no additional buffering is required. • A landscape plan was previously approved when the single-family residence (Accessory Dwelling) was built. Use Variance Requsted: • When/if that lot split is approved, the accessory dwelling home will become a single family dwelling home on its own lot. And, single family dwellings are not permitted land uses in the B1 zoning district without use variance approval. (However, the existing Accessory Dwelling use is a permitted land use.) • The Accessory Dwelling exists today on the lot. Planning Staff is supportive of the Use Variance and Development Standards Variance requests, that are needed and related to the Primary Plat Amendment petition. Variance Requested: Parking Setback - • Also, when/if the lot is split, the parking spaces for the parking lot on the office side will be located 2-ft from the newly formed residential lot. The minimum requirement is 5-ft, so variance approval is required for that. • The Accessory Dwelling exists today on the lot. Planning Staff is supportive of the Use Variance and Development Standards Variance requests, that are needed and related to the Primary Plat Amendment petition. Remaining Review Comments: • Official lot coverage percentages still need to be provided to Planning Staff by the Petitioner (however, draft calculations appear to be in compliance). • Please show/label the prior-approved 4 shade trees on the site plan or upload a landscape plan. (The site plan with the building permit B-2022-00701 shows 2 tulip trees and 2 red oak trees to be located south of the existing office building and future parking lot area. Please provide a revised landscape plan / site plan for the BZA petitions.) • Planning Staff would still like the Petitioner to further clarify how the traffic flow and parking spaces for all the cars on the east lot (office building lot) will work out, and how the paths of cars will not have any conflicts. We are not confident that the proposed traffic plan will work out, and the Petitioner should consult the Carmel Engineering Dept. about this. Findings of Fact: • Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet. Recommendation: • The Dept. of Community Services (DOCS) recommends positive consideration of this use variance request and development standards variance request, with the condition of addressing the remaining review comments, and with adoption of the Findings of Fact submitted by the Petitioner.