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Department Report
Board of Zoning Appeals
January 28,2001
Page 14 of20
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14h. Simeon Hawkins' Addition, Lot 15 (part) (UV-165-01)
Petitioner seeks a Use Variance of Section 10.1: Permitted Uses in order to establish a
two-chair beauty shop in an existing residential structure. The property is located at 140
First Street Northwest. The property is zoned R-4/Residence.
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 property is currently developed with a single-family residential structure in a
zone that provides for single-family residential use. There is nothing preventing
the petitioner from leasing the property in a manner consistent with its existing
development and zoning. No hardship exists on this property to support its
conversion to a commercial use.
2. The grant of this variance 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 Zoning
Ordinance, the proposed project does not meet: 1. the landscaping requirements,
2. the parking requirements, 3. the access requirements for commercial
development in terms of street rights-of-way. Inability to meet these requirements
would be injurious to the neighboring landowners in that adequate buffering
would not be installed, and on-street parking would become a necessity on
insufficiently wide thoroughfares.
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 by virtue of their immediate adjacency to a commercial use.
4. The need for the variance arises from a natural condition peculiar to the
subject property;
There is no condition peculiar to the parcel that either obviates its use as a single-
family residence or mandates its use as a Beauty Salon.
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.
Page 14
Department Report
Board of Zoning Appeals
January 28, 2001
Page 15 of20
The Department recommends negative consideration of this petition for the following
reasons:
1. The parking requirement cannot be met in the area proposed. The southeastern
space appears to obstruct the sidewalk along First Street Northwest, and the
northeastern is inaccessible due to the presence of a Silver Maple.
2. The landscape requirement of a "D" bufferyard between single-family residential
and commercial uses cannot be accommodated under the proposed arrangement, nor
can the "C" bufferyard between active recreation and commercial.
3. The limited lot area (-5445 square feet) does not appear adequate to allow the site to
meet the Development Standards for a commercial use. To date neither a Parking
Plan nor Landscaping Plan have been submitted that demonstrate the ability to meet
the requirements.
4. Inadequate right-of-way for commercial use exists on both First Street Northwest
(30-foot existing) and Second Avenue Northwest (15-foot existing) adjacent to this
site. The commercial right-of way standard in CarmeVClay is sixty (60) feet. The
right-of-way as it exists today is also substandard for residential development, which
requires either forty- (40') or fifty-foot (50') rights-of-way, depending on conditions
of service. .
Should the petitioner wish to pursue a commercial use on this property. the Department
would recommend the following changes to improve the proiect:
1. The conversion of this property should include both Parcel No. 16-09-25-12-01-
031.000 (west half of Simeon Hawkins' Addition, Lot 15) and Parcel No. 16-09-
25-12-01-034.000, both of which are owned by the petitioner.
2. The inclusion of both parcels would allow the parking to be removed to the north of
the structure, improving handicap access. This would also allow the First Street
Northwest parking area to be removed entirely.
3. The removal of the existing parking area would open additional space for the
required landscape plantings on the east. Furthermore, the inclusion of the north
parcel would allow the "D" Landscape requirements on the north and east and part
of the "e" requirement on the west to be met in the additional area.
In order for the proiect to proceed as proposed. Developmental Standards Variances for
the landscaping reauirements will have to be filed. Unless a satisfactory Parking Plan can be
devised. a Developmental Standards Variance will need to be filed to address that deficiency. as
well. It should also be noted that the twelve-square-foot Suspended Sign illustrated in the
informational packet would also require a Developmental Standards Variance. as this property
falls outside the area dermed as "Old Town" bv the Sign Ordinance.
The petitioner's Findings-of-Fact are written from the perspective that a hardship exists
for a prospective tenant of this site. This does not constitute a hardship on the property. There
are numerous tenant spaces available in CarmeVClav in which this business could locate without
need for Use or Developmental Standards Variances. The argument is moot as a land use issue.
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