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HomeMy WebLinkAboutDept Report I- I \ CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT Jan. 22,2007 7j. Monon & Main, Unit 2B The applicant seeks the following development standards variance approval: Docket No. 06120011 V Section 15.26 of PUD Z-462-04 non-residential uses on 2nd & 3rd floors Docket No. 06120015 V Section 2.13.B ofPUD Z-462-04 2-car garage requirement The site is located northeast of Third Ave NW and Main St., and is zoned PUD/planned Unit Development. Filed by Mr. and Mrs. Ardalan for Soori Gallery. General Info: The petitioner seeks variance approval to have non-residential uses on the second and thirds floors of this live-work dwelling. The Monon & Main PUD ordinance states "the first floor, only, of a live/work dwelling may be utilized for the non-residential uses . . ." The petitioner also seeks variance approval to use most of the 2-car garage area for a non-residential use. The Monon & Main PUD ordinance states "any townhome located in the Primary Area shall contain a minimum of a two-car garage." .. 'LE~ ~~NoSTN i\j\ Z o ~' m ~' &&~' 'NJ] :.,.Zi,. '0, I)> . ~', if Analysis: This townhome is in the heart of Old Town and fronts on Main Street, a prime location. The proposed use of all three floors of this townhome would be an art gallery. Some minor outstanding concerns are: how will deliveries and loading occur? How will trash collection occur? (The petitioner may have to use the back half of the garage area for trash storage.) A cumulative deficit in the number of parking spaces in Carmel Old Town is a concern, as units intended as live/work uses want to convert to commercial uses. Although on-street parking may be used to fulfill parking requirements for this unit, the potential conversion of a townhome into a business, combined with the loss of a 2-car garage, may create a need for additional parking spaces, and may add to the parking space deficit in Old Town. This becomes a great concern if all or most of the townhome units of Monon and Main that front Main Street want to convert to business uses (approximately 19 units), as this seems to be the trend that will occur. However, the city has already purchased several parking lots in the area; a parking study was conducted this year, and there are plans developed to handle the additional needed parking (see letter submitted by Les OIds, director of the CRC). The CRC is or will do several things to alleviate the parking problem in Old Town: providing a new parking area just south of Main Street where they demolished the First Indiana Bank building, redesigning the parking lot north of the 91 1 Communications Center, having both on-street and underground parking at the Indiana Design Center, and providing on-street diagonal parking along 1 st Ave SW, (from 1 st to 2nd Streets). All of this will be in addition to the proposed public parking garage that the Carmel Redevelopment Commission (CRC) will construct within a development at the northeast corner of 2nd Ave NE and Main St. that will serve many of the adjacent businesses in Old Town and will help solve the shortage of parking spaces downtown. This parking garage would have 100 parking spaces available to the public, while approx. 156 parking spaces would be reserved for tenant/residents within the CRC development at that corner. This CRC is trying to set this project as a priority, in regards to timely approval and construction. Findings of Fact: non-residential uses 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: it seems sensible for the buildings along Main Street to be comprised of mostly retail and commercial uses, since it is a highly traveled corridor in Old Town. 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: it seems sensible for the buildings along Main Street to be comprised mostly retail and commercial uses, since it is a highly traveled corridor in Old Town. Also, the Monon and Main units along Main Street are already allowed to be live/work units, a blend of residential and non-residential uses in on building, all on one city block. 3.) The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: due to supply/demand of the real estate market and the location of the building which may call for the highest and best use to be 100% commercial. Following the Ordinance to keep the structure a live/work use may cause a hardship on the property owner. Findings of Fact: 2-car garage 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the Monon and Main Development, as well as the Old Town area, has many parking areas and on-street parking opportunities for 2 cars. The use proposed will utilize very little vehicular traffic, and if it is converted back into a residential use, the garage can easily be put back. 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: the Monon and Main Development, as well as the Old Town area, has many parking areas and on-street parking opportunities. The use proposed will utilize very little vehicular traffic, and if it is converted back into a residential use, the garage can easily be put back. 3.) The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: there may not be enough first floor area within the structure to utilize retail/commercial uses on the first floor. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 06120011 V and Docket No. 06120015 V after all questions/concerns are addressed about parking and building use.