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HomeMy WebLinkAboutDept Report 10-22-07 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER: DEP ART l\.'1ENT REPORT October 22, 2007 21. Sunrise ROW The applicant seeks the following development standards variance approval: Docket No. 07090008 V Section 2.09 RO\V dedication Dedication of ROW along Old Meridian St The site is located at the northeast comer of Old Meridian Street and US 31 and is zoned B6IBusiness within the US 31 Overlay Filed by Mark T. Monroe of Bingham McHale for Sunrise of Carmel. General Info: The petitioner is requesting the grant of a variance to pennit the dedication of less right-of-way than is required by the Thoroughfare Plan. This section of Old Meridian Street has been improved within the last year, and further changes are likely when US 3 I is improved. Analysis: The subject site was approvcd earlier this year tor construction of an assisted and independent living facility, - with a parking variance. Also this year, the City of Cam1cl completed construction of a roundabout adjacent to the site. The Thoroughfare Plan requires the dedication of right-of-way when new projects are approved adjacent to areas intended for improvement or expansion. However, the planned improvement was already underway when this project was approved, and extensive further improvement by the City of Carmel is unlikely. The Department of Engineering has indicated that they have no issues with the variance request. Findings of Fact: Right-of-Way Dedication 1. The approval of this variance will not be injurious to the public health, safety, morals, and general ''\felfare of the community because: the right-of-way has already been improved according to the Thoroughfare Plan. 2. The use and value of the area adjacent to the property included in the variance will be not affected in a substantially adverse manner because: the right-ot:way has already been improved according to the Thorough rare Plan. 3. The strict application of the terms of the Zoning Ordinance to the property will result in a hardship in the use of the property because: additional, and unnecessary right-of-way would need to be dedicated, possibly causing the need for additional variances and site redesigns at the subject site. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 07090008 V.