HomeMy WebLinkAboutPacket 02-25-08 - 07110015
U
lJ
U
;- f
U
U
DECAENVIRONMENT AL & ASSOCIATES, INC.
I '
U
DEVELOPMENTAL STANDARDS VARIANCE APPLICATION
J
J
Docket No. 07110015 V
J
City of Carmel
Board of Zoning Appeals Hearing
6:00 pm February 25, 2008
I
u
, I
: I
U
J
, I
J
Applicant: Deca Environmental & Associates, Inc.
c/o Jim B. Euler
575-0095
. I
U
Attorney: Nelson & Frankenberger
c/o James E. Shinaver
844-0106
J
I
J
I
u
/0-
! REeENEll
I ?f\flO
" Pc.b \ A 1,.)<;\
\ 'DOCS
u
u
[J
u
[J
u
u
T ABLE OF CONTENTS
1. Explanation
2. Aerial Photograph of Property Location
I ,
LJ
,
I, ~
U
3. Photographs of Property and Home
, I
U
) ,
, I
U
4. Photographs of Areas of Property Related to Sidewalk Issue
~
S. Rendering of Area to be Dedicated
~
lJ
6. Findings of Fact for Partial Sidewalk Variance Application
LJ
LJ
I
U
u
u
Lj
~
u
u
u
u
U
J
EXPLANATION OF REQUEST
The Applicant, Deca Environmental & Associates, Inc., ("Deca"), is the owner of
a parcel ofreal estate that is located north of and adjacent to 41h Street NE and west of
and adjacent to 1st Avenue NE and is conunonly known as 410 1 sl 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 ofDeca 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.
J
In addition to the use variance that was approved on December 17th, Deca was
also seeking two (2) other developmental standards variances. The first developmental
standards variance sought relief from the requirement to provide bicycl~ 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a result of the same; this variance request has been withdrawn.
l, I
U
u
J
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 4th Street from Rangeline Road to 1 s1 Avenue NE. If
the Applicant were required to construct a sidewalk along 4th 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
4th Street and the sidewalk may cause the removal of the existing detached garage.
Behind Tab 4 are photographs of the relevant segment of 41h Street that show the existing
mature trees and the location of the detached garage.
u
u
However, after meeting with the Staff on this issue, Deca has been advised that
the Staff is agreeable to Deca dedicating an amount of property on its southern boundary
to accommodate a sidewalk that the City may construct in the future. In exchange for
this dedication, it is Deca's understanding that Staff will support the variance that Deca is
seeking. IfDeca's understanding of the Staff's offer is correct, Deca is agreeable to the
same.
I ,
U
I I
LJ
LJ
We look fOlVlard to presenting the request for a variance pertaining the sidewalk
construction adjacent to 4th Street to the Board of Zoning Appeals at the February 25th
hearing.
u
: I
u
J
LJ
D
u
DeB
r
D
I
a
[J
I
D
[J
f
~
~
D
f
D
I
D
C
o
~
~
~
o
D
~
o
,
~
D
,
u
U
r
U
~
(J
D
a
a
Q
~
o
D
c
D
J,
t I
~ ..
'.
't
'l.~ ';'.
"Ii, ,,",
~ D
"
"to';
~'
"
~, t'~:.rj ~
'r* EI ,:f
11 J
!:'
"
,.1;
,'., . ~
. "',
'k'
.,
"
','
rt~
f~ -
.'
0
a
0
D
D
D
D
[J
I f ,J
~ J l .,
,
0 ~
III
0
D
(
Q li ll. :~l
0 II
III
0 I
l
~
\~ \
I
D l
\ ".
0 \
Q
ill' t~
Q
II' Il'
~ n
\
' I ~ I'
~ I · f ~ ;
~ .., I
I '~
l , I' C~
i Ie .
;
, I
, I
{
~l
,
}, !
'.. .~."~ I
J J ".
. 1 .' I
'i...~ ,......'........,
'" ~'"
..':,1)
~. I. :l~.
_,f: J .
L',
J,~
. ..d.'.' ~ 'I II
.,~ I
! :;#0 I
. '. 0: I
:. _. '. j '3 I
:1\1 I
~l1.-
~ r
I'L_!
L1
U
o
,
a
(
o
o
o
o
I
U
o
o
[]
I
D
a
I
o
o
o
o
o
!~
u
u
~
U
D
Il~ AveNE I
I
~lJ
ID
U
U
D
U
U
U
~
D
U
j
D
60'
I House I I 4th St. NE I
New Pad for
Bike Rack in
Green
Dedication of
property to the City
99' for City 10 COIlstruct
at its OWII cost.
u
[J
u
o
[J
u
[J
u
o
u
u
i-I
U
u
u
u
o
u
D
U
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
07110015V - Elimination of Reauirement for a Sidewalk alona 4th Street
Oeca HoldinQs~ LLC. Oeca 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 of the 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 4 tit Street it would not connect to anything, The Applicant
has agreed to dedicate an amount of property on its southern border to the City so that the City can
construct a sidewalk at its own cost. Due to the Applicant's willingness to make this dedication.
the granting oftl1is variance will not be iniurious to the public health, safety. morals and Qeneral welfare
of the community,
2.
The use and value of the area adjacent 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 the subiect pro?erty should not be affected in a substantially adverse manner because no
sidewalk exists on this side of 4 n Street at the current time and the Applicant has agreed to dedicate an
amount of property on its southem border to the City so that the Citv can construct a sidewalk at its own cost.
3.
The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the u~e of the property because:
In addition to the same rational set forth in Responses Numbered Oile (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 agreed to dedicate property to the City so that the City can construct a sidewalk at its own cost.
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 25th day of February, 2008.
BZA President, Carmel/Clay Board of Zoning Appeals
BZA Member,
(name)
SECRETARY. Carmel/Clay Board of Zoning Appeals
D
D
U
U
D
U
U
o
U
U
D
D
U
U
U
[J
U.
, ,
o
lJ
BALLOT SHEET
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
07110015V - Elimination of Requirement for a Sidewalk alono 4th Street .
Deca HoldinQs. LLC, Daca Environmental & Associates. Inc. and Jim B. Euler. and their
successors and assiQns
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
I. The approval of this variance will not 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 affected
in a substantially adverse manner because:
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the property 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 25th dayof February, 2008.
BzA President, Carmel/Clay Board of Zoning Appeals
BZA Member,
(name)
SECRETARY, Carmel/Clay Board of Zoning Appeals