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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT February 25, 2008 4h. Old Meridian Plaza The applicant seeks the following use variance approval: Docket No. 08010004 UV Appendix A: Use Table Vet FacilityfKennel in Old Meridian/Mixed Use District Docket No. 08020013 V Section 25.07.02-10 (b) Number of signs per tenant Docket No. 08020014 V Section 20G.04-01 J Upper story sunscreens Docket No. 98929915 V SeetioR 29C.95.D4 C (1) Less than 79~<' Intildiflg aeeupaney frontage Docket No. 08020016 V Section 25.07.02-10 (b) Signs not facing right-or-way Docket No. 08020017 V Section 20G.04-01 J Entrance sunscreen The site is located at Old Meridian Street and Carmel Drive and is zoned OMIMU. Filed by Charles Frankenberger of Nelson & Frankenberger for the Keystone Group LLC. General Info: The petitioner is requesting to construct a four-story, mixed- use building within the Old Meridian District. The site is located at 12863 Old Meridian Street, north of the Providence at Old Meridian development, and is zoned for mixed uses. 111is request is to place a veterinarian facility with an indoor kennel within the building. A veterinary office with a commercial kennel is not one of the permitted uses within the Old MeridianlMixed Use District. The other variance requests refer to signage on the rear (east side) of the building and sunscreens on both the west and east facades of the building. Analysis: The proposed kennel would be entirely indoors. One of the primary concerns with locating any kennel facility is noise; having it enclosed within the building mitigates that concern and greatly decreases the likelihood of any negative impact on adjacent properties. Medical offices for humans are permitted within the Mixed Use District; a veterinary office would have similar traffic patterns and hours. Since the kennel would be enclosed, and the overall use would have a similar impact to that of a permitted use, the request represents an acceptable deviation from the Old Meridian District - Mixed Use District. The first sign variance request is for additional tenant signs to be located on the rear (east) fa9ade of the building. Because the building is within the Old Meridian Overlay, there is a requirement to bring the building directly up to the street front. This building is similar to 116th St. Centre and the Shoppes at Providence, where the buildings are pulled up to the street and entrances are at the rear. These two sites also have signage at the rear entrances of the building. This causes the primary entrance for the tenants, visiting the site via automobile, to be in the rear. Additional signage is needed to direct customers to the proper store. The second variance for signs goes hand in hand with the first. The signs are facing the parking lot to the east, not the street to the west. Therefore, a variance for additional signs not facing the right of way is necessary. The upper story sunscreen and entrance covering will be made of metaVaLuminum. The Old Meridian overlay prohibits this type of material for use as an awning. The definition of a permanent awning per Ch. 3 of the Carmel Zoning Ordinance is "A permanent shelter supported entirely from the exterior wall of a building and composed of rigid or non righted materials." While the applicant may not consider these sunscreens awnings, the definition is very close, especially for the entrance coverings. Thus, the variances were requested to err on the sate side. However, the BZA may determine that the sunscreens are more of an architectural feature. However, the BZA may determine that the sunscreens are more of an architectural feature. These sunscreens will be made out of metal/aluminum, but will be painted to have non-reflective surfaces. They will provide shade to upper story tenants, as well as be a nice decorative feature to the building. It will help break up the tall facade and give character to the building. Findings of Fact - Use yariance 1. The grant ofthis variance will not 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 proposed use is not significantly different from permitted uses, and kennel uses will be located inside, mitigating any possible negative impact. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because; The proposed use is not significantly different from permitted uses, and kennel uses will be located inside, mitigating any possible negative impact. 3. The use or value of the area adj acent to the subject property will not be substantially affected in any adverse manner because; The proposed use is not significantly different from permitted uses, and kennel uses will be located inside, mitigating any possible negative impact. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The proposed use is not significantly different from permitted uses, and kennel uses will be located inside, mitigating any possible negative impact. 5. The granting ofthis variance does not substantially interfere witb the Carmel/Clay Comprehensive Plan because: The proposed use is not significantly different from permitted uses. Findings of Fact: Number ofsigns per tenant 1. The approval oHhis variance will not be injurious to the public health, safety, morals, and general welfare ofthe community because; The requested variallcewill allow signage which is (i) on the rear of the building where customers will park and (ii) on elevations more perpendicular and visible to vehicles traveling on Old Meridian St. 2. The use and value of the area adjacent to the propel1y included intbe variance will be not affected in a substantially adverse manner because: The requested variance will allow signage which is (i) on the rear of the building where customers will park and (ii) on elevations more perpendicular and visible to vehicles traveling on Old Meridian S1. 3. The strict application of the terms of the Zoning Ordinance to the property will result in a hardship ill the use of the property because: The requested variance will allow signage which is (i) on the rear of the building where customers will park and (ii) on elevations more perpendicular and visible to vehicles traveling on Old Meridian 81. Findings of Fact: Upper story sunscreens 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because; The sunscreen will be aesthetically appealing and beneficial to the tenants, and the sunscreen will not have a reflective surface. It is more of an architectural feature. 2. The use and value of the area adJacent to the property included in the variance will be not affected in a substantiaUy adverse manner because: The sunscreen will be aesthetically appealing and beneficial to the tenants, and the sunscreen will not have a reflective surface. It is more of an architectural feature. 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: if not approved, an architectural feature will be removed from the building fa9ade, possi.bly causing a negative impact to the overall building design. Findings of Fact: Signs not facing Right-of-way 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The requested variance will allow signage which is (i) on the rear of the building where customers will park and (ii) on elevations more perpendicular and visible to vehicles traveling on Old Meridian S1. 2. The use and value ofthe area adjacent to the property included in the variance will be not affected in a substantially adverse manner because: The requested variance will allow signage which is (i) on the rear of the building where customers wlll park and (ii) on elevations more perpendicular and visible to vehicles traveling on Old Meridian St. 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: If this variance is denied, then no signage will be on the rear/east side of the building, making it harder for patrons to identify a business' location, after he/she parks behind the building. Findings of Fact: Entrance sunscreen 1. The approval of this varianc.c will not be injurious to the public health, safety, morals, and general welfare ofthe community because: The proposed building has awnings above the first floor which are not metal or aluminum. The proposed building also has a cover above the entrance, which will be metal or aluminum, but which will be painted and will not have a reflective surface. To err on the side of caution, the petitioner is requesting a development standards variance from Section 200.04-0 I (1) to allow this cover above the entrance. The cover will be aesthetically appealing and beneficial to the tenants, and it will not have a reflective surface. 2. The use and value of the area adjacent to the property included in the variance wiD be not affected in a substantially adverse manner because: The proposed building has awnings above the first floor which are not metal or aluminum. Te proposed building also has a cover above the entrance, which will be metal or aluminwn, but which will be painted and will not have a reflective surface. To err on the side of caution, the petitioner requesting a development standards variance from Section 20G.04-01 (J) to allow this cover above the entrance. The cover wiU be aesthetically appealing and beneficial to the tenants, and the cover will not have a reflective surface. 3. Tbe strict application of the terms of the Zoning Ordinance to the property will result in a hardship in the use of the property because: if not approved, an architectural feature will be removed from the building fac;:ade, possibly causing a negative impact to the overall building design, which, in turn, affects the corridor's overall character. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 08010004 UV, 08020013 V, 08020014 V, 08020016 V, and 08020017 V after all concerns have been addressed.