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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT May 21, 2007 28-29h. Forest Glen, Lot 3 - Printing Plus The applicant seeks the following use variance & development standards variance approvals for an office use in a residential district: Docket No. 07040009 UV Section 6.01 permitted uses Docket No. 07040010 V Section 2.09 compliance with Thoroughfare Plan The site is located at 2110 E 96th St. and is zoned S-2/Residence. Filed by Rex Neal. 1- . ~ .-. .~.~_.~~ '\. . - .... ~ : ~~ )'~~':"~' Analysis: The subject dwelling is located on 96th street, between Westfield and Haverstick Road. While this stretch of 96th Street is heavily traveled, it is also predominantly residential. There is an office located on the comer of Westfield and 96th, but there are no other home-based businesses until Haverstick Road, a half- mile away. While home occupations may not generate much traffic, there is a concern with cumulative conversions and the resulting increase in traffic and turns onto this busy street. The Comprehensive Plan currently recommends low-density residential uses. Commercial uses should be greatly limited until 96th Street has been widened to allow for the increased capacity. In addition, there are numerous examples of primarily residential streets becoming commercialized through piece-meal conversions. This does not represent good planning, as commercial uses should be typically located adjacent to one another, on roads with sufficient capacity. Permitting an office use in one dwelling may lead to requests for similar uses along 96th Street, increasing congestion and negatively affecting the quality oflife for adjacent residents. Home occupations are permitted to utilize no more than 15% of the dwelling's gross floor area. The proposed use would utilize the entire dwelling. l\. . : ~..."..~'......... . . .. . . ~ .,~ General Info: The petitioner seeks variance approval to have office uses in this single-family dwelling. The dwelling would not be used as a residence, only a business, with an estimated two employees. The petitioner is also seeking the grant of a variance from the Thoroughfare Plan. This portion of 96th Street is intended to become a secondary parkway, with a 120-foot right-of-way. The distance from the south property line to the proposed right-of-way line is 27 feet. Typically, a dedication of right- of- way, and the construction of a multiuse path, would be required. Findings of Fact: non-residential uses 13.) The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: it may encourage similar residential-to- commercial conversions in an area that is unsuitable for them, and negatively impact the quality of life for adjoining residents. 14.) The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner because: it may encourage similar residential-to- commercial conversions in an area that is unsuitable for them, and negatively impact the quality of life for adjoining residents. 15.) The strict application of the terms of the Zoning Ordinance to the property will not result in a hardship in the use of the property because: the property may still be used as a dwelling, according to the Zoning Ordinance and the Comprehensive Plan, and in keeping with adjoining parcels. Findings of Fact: compliance with the Thoroughfare Plan 4.) The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: the proposed use has the potential to increase traffic, without providing additional right-of-way or pedestrian walkways. 5.) The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner because: the proposed use has the potential to increase traffic, without providing additional right-of-way or pedestrian walkways. 6.) The strict application of the terms of the Zoning Ordinance to the property will not result in a hardship in the use of the property because: the property may continue to be used residentially, with minimal impact on surrounding properties. Recommendation: The Dept. of Community Services recommends negative consideration of Docket Nos. 007040009 UV and Docket No.07040010 V.