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HomeMy WebLinkAboutDepartment Report 07-22-2410 of 13 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, JULY 22, 2024 (SE) 4423 E. 116th St. Group Home. The applicant seeks the following special exception approval for a 10-person group home: 1. Docket No. PZ-2024-00083 SE UDO Section 2.09 Residential Special Exception. The site is located at 4423 E. 116th Street. (Woodland Green, Lot 2). It is zoned R2/Residence. Filed by Dave Berman of Sigma Builders, LLC., on behalf of Andrew Hein, owner. General Info & Analysis: • The Petitioner seeks Special Exception approval for a 10-person group home for elderly residents with some level of disability where they require support services. These residents will have Alzheimer’s disease or other forms of dementia. Residents will not have cars or be able to drive. • The existing dwelling is located on the perimeter of the Woodland Green residential neighborhood. Minor changes are proposed to the site or to the building exterior, such as a rear building addition. • This use requires special exception approval from a Board of Zoning Appeals Hearing Officer for the establishment of a group home. Per the UDO (Unified Development Ordinance) Section 9.08, the original Special Exception application for a 9-12 person group home shall generally be entitled to favorable consideration so long as the application is not opposed by the Director of Community Services. • A Hearing Officer shall have discretion whether to approve or deny each special exception application with his or her decision to be based on the special and unique conditions pertinent to the site, determined as a result of the review procedure established by the UDO in section 9.08 (see Basis of Review & Basis of Approval or Rejection, below). • Per the UDO, a Group Home is considered a residential use. It is also considered a residential use under state and federal laws. • Please refer to UDO Sections 5.72 and 9.08 for details about the regulations for Group Homes and for Special Exceptions. Please also refer to UDO Article 11 (Definitions) to view the definitions of “Home, Group” “Dwelling, Single-Family”, “Dwelling”, Dwelling Unit”, “Family”, etc. • Please also refer to the Petitioner’s Info Packet for more detail on the special exception request. Basis of Review: A Hearing Officer, in reviewing a Special Exception application, shall give consideration to the particular needs and circumstances of each application and shall examine the following items as they relate to the proposed Special Exception: 1. Surrounding zoning and land use; 2. Access to public streets; 3. Driveway and curb cut locations in relation to other sites; 4. Parking location and arrangement; 5. Trash and material storage; 6. Necessary exterior lighting; and 7. Protective restrictions and/or covenants. Basis of Approval or Rejection: A Hearing Officer, in approving or rejecting a Special Exception application, shall base their decision upon the following factors as they relate to the above listed items (Basis of Review) concerning the Special Exception: 1. The economic factors related to the proposed Special Exception, such as cost/benefit to the community and its anticipated effect on surrounding property values; 2. The social/neighborhood factors related to the proposed Special Exception, such as compatibility with existing uses in the vicinity of the premises under consideration and how the proposed Special Exception will affect neighborhood integrity; and 3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in and around the premises upon which the Special Exception is proposed. Special Exception Group Home Decisions; Commitment/Condition (from UDO Section 9.08 (E)(3): 11 of 13 A Hearing Officer may, as a condition to any approval of an application for a Special Exception, require or allow the owner to make any or all of the following commitments concerning the use of the property: 1. That the Special Exception will fully comply with Section 5.72 Group Home Use-Specific Standards. 2. That the Special Exception will be limited to five, ten, or fifteen years, at the discretion of the Hearing Ofcr. 3. If the Hearing Officer determines that a homeowners association or similar entity has established limitations or prohibitions that apply to the property, that the owner’s implementation of the Special Exception will not result in the violation of any such limitations or prohibitions. Additional Considerations: In addition to the items listed in Section 9.08(C): Basis of Review hereof, the Director of Community Services shall consider the following: 1. If there are other Group Homes clustered within a block of the site; 2. The number of unrelated persons who will be living in the Group Home, and whether any professional support staff will also be residing there; 3. In addition to any residents’ cars, if more than two staff cars will be parked at the Group Home, and whether they will be marked; 4. If the Dwelling, existing, modified, or new, is similar in design, materials, and landscaping as other adjacent and nearby Dwellings; 5. Any other exterior indication that the Dwelling will be inhabited by Group Home residents; 6. Any undue financial or administrative burdens that would be imposed on the City; and 7. If a fundamental alteration in the Comprehensive Plan would be required. Neighborhood Covenants & Restrictions: • There does not appear to be an official HOA (Homeowner’s Association). Technical Review: • The project is also being reviewed by various entities, such as the Engineering Dept., utility companies, Fire Dept., etc. for technical aspects of the project. There are close to 28 entities, representing city and county agencies, utility companies, etc. Items reviewed for this project are land use, life/safety issues, building code compliance, landscaping, utilities, grading/drainage, and more. • There are still several review comments the Petitioner needs to respond to and address, as part of the normal review process and timeline. Hearing Officer Meeting Recap: • The BZA Hearing Officer heard this item at the June 24 meeting, and after the public hearing and rebuttal concluded, the item was transferred to the July 22 regular BZA meeting agenda by the Hearing Officer. • That June meeting video recording can be viewed online at https://carmelin.new.swagit.com/views/1. Remaining Review Comments: • Petitioner, please address the remaining review comments, as part of the normal review process. Findings of Fact: • Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet. Recommendation: • The UDO directs us to look at 9-12 person group home special exceptions with favorable consideration, so long as the application is not opposed by the (Planning) Director of Community Services. • The Dept. of Community Services (DOCS) recommends favorable consideration of this petition, with the conditions of 1). the Petitioner addresses remaining review comments before the issuance of the remodel/building permits, and 2). the Petitioner complies with all applicable laws, regulations, and restrictive covenants and limitations as it relates to UDO Section 9.08(E)(3), and also with the adoption of the findings of fact submitted by the Petitioner.