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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS. DEPARTMENT REPORT December 17, 2007 8-10h. Deca Environmental & Associates, Inc. The applicant seeks the following use variance and development standards variance approvals: Docket No. 07110013 UV Appendix A: Use Table Office uses in residential district Docket No. 07110014 V Section 27.06.C Elimination of required bicycle parking Docket No. 07110015 V Alternative Transportation Plan Elimination of required sidewalks/paths Thc site is located at 410 First Avenue N E and is zoned R3/Residential. Filed by Jim Shinaver of Ne1son & Frankenberger for Deca Environmental & Associates, Inc. General Info: The petitioner is requesting to operate a business, with three full-time employees and one part-time employee, in an existing residence. The site is currently used for this purpose, and is not used for a house. The petitioner is also requesting relief from the Alternative Transportation Plan, to not build a sidewalk along the 4th Street NW frontage, and from the parking ordinance, to eliminate required bicycle parking. The petitioner does not currently have a sign, and does not anticipate requesting a sign. Analysis: The area surrounding the site is entirely residential. While the dwellings across 1 st A venue NE are currently zoned B 1, the Department of Community Services plans to rezone them to a residential classification early in 2008. The site is located one block east of Rangeline Road. While Rangelinc Road, and a few properties east, are used for commercial purposes, the typical dividing line is the alley immediately west of the subject site. While the use currently has approximately the same level of intensity as a home-based business, the house is not used as a dwelling. While converting dwellings to commercial uses is fairly common in Old Town, it is most appropriate in heavily-traveled areas, such as Main Street and Rangeline Road. The Department has concerns with commercial uses, of any intensity, moving into residential areas, and the potential for erosion of the quality oflifc tor residents in those areas. 4th Street NW currently does not have a sidewalk, but the Alternative Transportation Plan envisions full sidewalk connectivity within Old Town, and installing a sidewalk on this section ofthe street would represent an important piece within the overall Plan. lfthe sidewalk is not constructed right away, the funds that would be used to build the sidewalk should be placed in the Non-Reverting Thoroughfare Fund, which the City uses to build sidewalks. Bicycle parking is a required component of all commercial uses. The ordinance requires such parking to be easily accessible and visible to cyclists coming onto a site. While the garage would serve to shelter bicycles parked on8ite, it would not be immediately visible or accessible to any clients visiting the site by bicycle, and therefore would not meet the intent of the ordinance. .Findings of Fact - Use variance 1. The grant of this variance will 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 surrounding area is entirely residential. 2. The grant of this variance will be injurious to the public health, safety, morals and general welfare of the community because: The surrounding area is entirely residential. 3. The use or value of the area adjacent to the subject property will be substantially affected in any adverse manner because: The surrounding area is entirely residential. 4. The need for the variance does not arise from a natural condition peculiar to the sub,ject property because: The site is zoned for single-family residential, and can continue to be used in that manner. 5. The granting of this variance does substantially interfere with the CarmeVClay Comprehensive Plan because: the Comprehensive Plan encourages commercial uses In Old Town primarily on Main Street and Rangeline Road. Findings of Fact: Sidewalk construction 1. The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: the Alternative Transpoliation Plan calls tor sidewalks on every street in Old Town. 2. The use and value of the area adjacent to the property included in the variance will be atIcctcd in a substantially adverse manner because: the Alternative TranspOliation Plan calls for sidewalks on every street in Old Town. 3. 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 Alternative Transportation Plan applies to every property in Cannel/Clay 'T'ownship, and envisions full community connectivity. Findings of Fact: Bicycle parking 1. The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: bicycle parking is required to be easily visible and accessible. 2. The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner because: bicycle parking is required to be easily visible and accessible. 3. 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: bicycle parking could be placed in the rear yard or other visible location. Recommendation: The Dept. of Community Services recommends negative consideration of Docket Nos. 07110013 UV and 07110014-07110015 V after all concems have been addressed.