HomeMy WebLinkAboutPacket 01-28-08 for 07110015 V
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DECA ENVIRONMENTAL & ASSOCIATES, INC.
DEVELOPMENTAL STANDARDS VARIANCE APPLICATION
Docket No. 07110015 V
City of Carmel
Board of Zoning Appeals Hearing
6:00 pm January 28,2008
Applicant: Deca Environmental & Associates, Inc.
c/o Jim B. Euler
575-0095
Attorney: Nelson & Frankenberger
c/o James E. Shin aver
844-0106
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TABLE OF CONTENTS
1. Explanation
2. Aerial Photograph of Property Location
3. Photographs of Property and Home
4.. Photographs of Areas of Property Related to Sidewalk Issue
5. Rendering of Proposed Sidewalk Construction Area
6. Findings of Fact for Partial Sidewalk Variance Application
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EXPLANATION OF REQUEST
The Applicant, Deca Environmental & Associates, Inc., ("Deca"), is the owner of
a parcel of real estate that is located north of and adjacent to 4th Street NE and west of
and adjacent to 1 st Avenue NE and is commonly known as 410 1 st A venue NE ("Real
Estate"). The Real Estate is zoned R3- Residential and is depicted on the aerial
photograph that is included behind Tab 2.
Jim Euler of Deca appeared before the Board of Zoning Appeals on December 17,
2007 and obtained a use variance for a 5 year time period so that he can continue to
operate his very low intense, environmental consulting business on the property. Behind
Tab 3 of this brochure are photographs of the home and site.
In addition to the use variance that was approved on December 1 ih, Deca was
also seeking two (2) other developmental standards variances. The first developmental
standards variance sought relief from the requirement to provide bicycle parking on the
site. In this regard, the Applicant has agreed to install bicycle parking on the site; and as
a result of the same; this variance request has been withdrawn.
Thus, the only remaining developmental standards variance request pertains to the
requirement to construct.a sidewalk adjacent to 4th Street. In this regard, currently there
is no sidewalk on the north side of 4 th Street from Rangeline Road to 1 51 Avenue NE. If
the Applicant were required to construct a sidewalk along 4\h Street it would literally not
connect to any other sidewalk. Also, in order to construct such a sidewalk, the Applicant
would be required to cut down a few mature trees that currently exist along this portion of
4\h Street and the sidewalk may cause the removal of the existing detached garage.
Behind Tab 4 are photographs of the relevant segment of 4th Street that show the existing
mature trees and the location of the detached garage.
However, after meeting with the Staff on this issue, Deca has agreed to construct
a majority of the required sidewalk adjacent to 4th Street. Behind Tab 5 is a rendering of
the site and shown in "red" is the portion of sidewalk that Deca has agreed to construct.
The area on the site plan that is shown in "yellow" is the portion for which Deca is
seeking the sidewalk variance. The portion shown in "yellow" is located within tbe area
of the property that contains the mature trees and detached garage. Deca is seeking the
partial variance so that it is not required to construct a sidewalk that will result in the
removal of large mature trees and may possibly affect the detached garage.
We look forward to presenting the request for a partial variance pertaining the
sidewalk construction adjacent to 4th Street to the Board of Zoning Appeals at the
28th h .
January earmg.
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Il"AveNE I
I House I
I Garage I
New Pad for
!..like Rack in
Green
Proposed New
Sidewalk in Red
lOS'
I 4thSt. NE I
Sidewalk in yellow
NOT 10 be added
73"
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
0711 0015V - Elimination of Requirement for a Portion of Sidewalk alona 4lh Street
Deca Holdings, LLC. Deca Environmental & Associates. Inc. and Jim B. Euler, and their
successors and assians
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1.
The approval of this variance will not be injurious to the public health, safety, morals and general
welfare ofthe community because:
Currently no sidewalk exists on the north side of 4th Street. If the Applicant were not seeking a use
variance for the site, the current condition would remain. Further. if the Applicant did in fact build
a side walk on his property adiacent to 4th Street it would not connect to anything. The Applicant
has agreed to construct a portion of the sidewalk. but seeks a variance for the portion that will not
be constructed. Thus. the granting of this variance will not be injurious to the public health, safety,
morals and aeneral welfare of the community because the Applicant has agreed to construct a portion of the
sidewalk.
2.
The use and value of the area adj acent to the property included in the variance will not be affected
in a substantially adverse manner because:
In addition to the same rationale set forth in Response Numbered One (1) above, the use and value of the
area adiacent to thesubiect property should not be affected in a substantiallv adverse manner because no
sidewalk exists on this side of 4th Street at the current time and the Applicant has agreed to construct a portion
of the sidewalk.
3.
The strict application of the terms of the Zoning Ordinanc<e to the property will result in practical
difficulties in the use of the property because:
In addition to the same rational set forth in Responses Numbered One (1) and Two (2) above. the strict
application of the terms of the Zoninq Ordinance to the property will result in practical difficulties because the
Applicant has aqreed to construct a portion of the sidewalk and is only seekinQ a variance for the remainina
portion. If the Applicant were required to construct the remaininq portion of sidewalk. it would result in the
removal of some larqe mature trees in this area and may also impact the existinq detached qarage.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that
Variance Docket No.07110015V is granted, granted subject to any conditions stated in the minutes
of this Board which are incorporated herein by reference and made a part hereof.
Adopted this 28th day of January, 2008.
BZA President, Cannel/Clay Board of Zoning Appeals
BZA Member,
(name)
SECRETARY, Carmel/Clay Board of Zoning Appeals
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BAI,LOT SHEET
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
07110015V - Elimination of Reauirement for a Portion of Sidewalk along 4th Street
Deca Holdings. LLC, Deca Environmental & Associates. Inc. and Jim 8. Euler. and their
successors and assians
FINDINGS OF FACT - DEVELOPMENT STANDARDS Y ARlANCE
I. The approval of this variance Willllot be injurious to the public health, safety, morals and general
welfare of the community because:
2. The use and value of the area adjacent to the property included in the variance will not be affectcd
in a substantially adverse manner because:
3. The strict application of the tcrms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the propelty because:
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that
Variance Docket No. 07110015V is granted, granted subject to any conditions stated in the
minutes of this Board which are incorporated herein by reference and made a part hereof, or
denied (circle applicable determination).
Adopted this 28th day of January, 2008.
BZA President, Carmel/Clay Board of Zoning Appeals
BZA Member,
(name)
SECRETARY, Carmel/Clay Board of Zoning Appeals