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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT March 26, 2007 17-19h. Frank E Hawkins Addition, Lot 1 - Bub's Cafe The applicant seeks the following use variance & development standards variance approvals for a cafe in a residential district: Docket No. 07020017 UV Section 8.01.01 permitted uses Docket No. 070020018 V Section 27.08 reduced # parking spaces Docket No. 07020019 V Section 27.03.02 uncurbed parking area The site is located at 220 2nd Street SW and is zoned R-2/Residence in the Old Town Overlay Character Subarea. Filed by Matt & Rachel Frey. Analysis: This site is adjacent to and just west of the Monon Greenway. Just east ofthis site and the Monon Greenway is a public parking area, mostly for users of the Monon. The site is just south of the Carmel Clay Historical Society. The lot lies near the Carmel Arts & Design District, as well as within the Old Town Overlay. A use variance approval will only allow a cafe/restaurant use. If the business leaves, the use will go back to being a residential single family home. If another cafe wants to move in, then the use variance approval will already have been approved, but not for other types of business. The signage will follow the Old Town Sign requirement of the Sign Ordinance. The landscape plan has been reviewed by the City Forester and this item had all technical issues reviewed by the Technical Advisory Committee on March 21,2007. In place of requiring the petitioner to construct a sidewalk and road improvements, the petitioner will be required to record commitments that if/when the City requires it., the petitioner will dedicate road right of way, pursuant to the 20-Year Thoroughfare Plan, to the City. ~ ~ ~ General Info: The petitioner seeks use variance approval to operate a cafe/restaurant use on a residentially-zoned property within the Old Town Overlay. Two variances approval requests are being sought in regards tot eh parking area: the first variance is to reduce the required number of parking spaces from eight to seven, and the second variance is to not have curbing on the paved parking area. 2 (I) The cafe will be open from 7 am to 2 pm, 7 days a week, and will seat 40 people. It is anticipated that most, if not all, of the patrons will be coming from the Monon Greenway via foot or bicycle. While seven parking spaces will be provided on-site, there is a public parking area just east of the Monon on the same street as the proposed cafe. Also, the Old Town overlay allows for a 50% reduction in the parking space number calculated from the Parking Ordinance requirement. The uncurbed parking area will allow for the rainwater to shed off the asphalt and be absorbed into the ground, rather than providing underground drainage or a retention area. Findings of Fact - Use variance 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 because: The lot is located at the border of the Old Town Overlay; just south, across the street, is an industrial zoning district. The cafe use may provide a transitional buffer between the residential and industrial districts. Also, the Monon Greenway has become a highly traveled corridor, where it may make sense for business uses to be located along it. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The 2 structures will be renovated and upgraded. This may add value to the adjacent properties. The cafe location is great for users of the Monon Greenway. Also, the Monon Greenway has become a highly traveled corridor, where it may make sense for business uses to be located along it. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The 2 structures will be renovated and upgraded. This may add value to the adjacent properties. The property will still be zoned residential, but with a use variance to allow a very specific use; a cafe. Also, the Monon Greenway has become a highly traveled corridor, where it may make sense for business uses to be located along it. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The site lies within the Old Town Overlay and near the Carmel Arts & Design District, is adjacent to an Industrial area, but is zoned Residential. The creation of the Monon Greenway from an old railroad corridor has created a highly traveled corridor adjacent to this site. 5. The granting of this variance does not substantially interfere with the CarmeVClay Comprehensive Plan because: The Comprehensive Plan recommends that Old Town have street oriented retail and office uses. It also stresses the adaptive reuse of buildings. Findings of Fact: reduced number of parking spaces 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The parking ordinance requires 16 parking spaces on a site not located in the Old Town Overlay, but since this site is located within the Overlay, it is allowed to reduce its number of parking spaces by up to 50%, therefore requiring 8 spaces. The variance is for 1 parking space, which may be accommodated just east of the Monon Greenway with the public parking area. 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 parking ordinance requires 16 parking spaces on a site not located in the Old Town Overlay, but since this site is located within the Overlay, it is allowed to reduce its number of parking spaces by up to 50%, therefore requiring 8 spaces. The variance is for 1 parking space, which may be accommodated just east of the Monon Greenway with the public parking area. 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: the petitioner will have to provide an additional parking space on a very small lot, which may prove to be a hardship. Findings of Fact: uncurbed parking 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: uncurbed parking will maintain the residential character of the property and will aid in drainage/infiltration better than a curbed parking area. 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: uncurbed parking will maintain the residential character of the property and will aid in drainage/infiltration better than a curbed parking area. 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: The petitioner will have to provide curbed parking and subsurface drainage, which may not be the optimum option for this residential-zoned property at this point in time. Recommendation: The Dept. of Community Services recommends positive consideration (after all questions/concerns are addressed about parking and building use) of Docket Nos. 07020017 UV, 07020018 V, and 07020019 V with the conditions that the use variance be approved with a time limit to only last as long as the proposed cafe use, and that commitments are adopted/recorded stating that the petitioner will dedicate road right of way, pursuant to the 20-Year Thoroughfare Plan, to the City if/when the City requires it.