HomeMy WebLinkAboutDept Report 1/28-08 & 2-25-08
CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
January 28, 2008
8-10h. Deca Environmental & Associates, Inc.
Thc applicant seeks the following use variance and development standards variance approvals:
Docket No. 07110015 V Alternative Transportation Plan Elimination of required
sidewalks/paths
The site is located at 410 First A venue NE and is zoned R3/Residential.
Filed by Jim Shinaver of Nelson & 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
thc 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 51 Avenue 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 Rangeline
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 of life for 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 of the strect would
represent an important piece within thc overall Plan. If the 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
UPDA TE: The petitioner has agreed to install bicycle parking per the directions of the Alternative
Transportation Coordinator, and the Use Variance request was approved at December's hearing, for a
period offive years. The only variance still under consideration, then, is the request to vary from the
Alternative Transportation Plan. Since that hearing, the petitioner, the City Engineering Department, and
the Alternative Transportation Coordinator have been in discussion regarding the construction and/or
installation of the sidewalk on 4th Street. The petitioner has agreed to dedicate the amount necessary to
construct a sidewalk along their southern boundary, to allow the Cityto build the sidewalk at such time as
it will connect. The petitioner should also plant a tree, of the same species as the mature tree at the
bound31"y of the site, farther in to the property so that, should that mature tree ever need to be removed for
a sidewalk, there will be another tree adjacent.
Findings of Fact: Sidewalk construction
1. The approval of this variance will be not injurious to the public health, safety, morals, and
general welfare of the community because: the Alternative Transportation Plan calls for
sidewalks on every street in Old Town.
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: the Alternative Transportation 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 result in a
hardship in the use of the property because: the Alternative Transportation Plan applies to
every property in Carmel/Clay Township, and envisions full community connectivity. The
proposed dedication will help further that connectivity.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 07110015 V after
all concerns have been addressed.