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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT August 27, 2007 3h. 1005 East 106th Street - Fischer Business The applicant seeks the following use variance: Docket No. 07070025 UV Appendix A - Use Table Office uses in the R3IResidential District The site is located at 1005 East 106111 Street and is zoned R3/Residential. Filed by Brandon Fischer, owner. General Info: The petitioner has requested to use an existing dwelling for a computer consulting business with four employees. The site is located on 106111 Street east of College Avenue and is zoned R3IResidential. The dwelling immediately to the west was rezoned to the B6 District in 2006. The site is also within the Home Place Overlay Business District. Analysis: The site lies within an area that is undergoing a transition from residential to small-scale commercial uses. In such cases, care must be taken to ensure that commercial encroachment and the potential for negative impacts on adjacent residences is minimized to the greatest extent possible. The use proposed at the site would not generate mueh more traffic than a residence, and the parking area would be screened from 106111 Street. Uses to the west are primarily small offices and retail uses, while uses to the east are still residential. The proposed use would be low-impact, and would provide a good buffer from the more commercialized area to the west and the residential area to the east. However, to maintain the essentially residential nature of this area, care should be taken to keep the residential appearance of the house, and minimize the visual impact of commercial uses. 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 site is in an area of transition, and the proposed low-impact office use would be a good buffer between uses. The site will maintain a residential appearance. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The site isin an area of transition, and the proposed low-impact office use would be a good buffer between uses. The site will maintain a residential appearance. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The site is in an area of transition, and the proposed low-impact office use would be a good buffer between uses. The site will maintain a residential appearance. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The site is within the Home Place Business District Overlay, which encourages neighborhood commercial activity, however the site is zoned and improved for residential use. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The Comprehensive Plan encourages buffer uses between residential districts and neighborhood commerc ial districts. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 07070025 UV after all questions/concerns are addressed. The Hamilton County Highway Department has indicated that right-of-way is required in accordance with the Hamilton County Thoroughfare Plan. This section of l06th Street has a 55-foot half right-of-way.