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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT April 28, 2008 11 h. Happily Ever After Flower Shop The applicant seeks the following use variance approval: Docket No. 08030009 UV Ap~cndix A: Use Table Retail uses in residential district The site is located at 4611 East 1161 Street and is zoned S l/Residential Filed by E. Davis Coots of Coots Henke & Wheeler for Lisa & Stuart Lawrence, owners. 1:~ .. Q. ~ t~.;l..~.,. . '~6TH,s;r.<._ ~~ e f, I " ">t: ;j - -.~I~'jj'~- '. General Info: The petitioner is requesting to use an existing dwelling located on the southwest comer of 116'h Street and Gray Road as a flower shop. Adjacent uses include residential and agricultural uses, and parks. No major improvements are anticipated at this Lime for the site, which includes the dwelling and a garage. Analysis: The site is zoned for residential use; however, the expansion of 116th Street placed the right-of-way within 14 feet of the dwelling. In this location, 116th Street includes two driving lanes, a center passing lane, and bike lanes, and is heavily traveled. The appearance of the site would not change, with the possible exception of two small ground signs, and would maintain its residential aspect. The signs would be permitted under the sign ordinance if the use variance were approved. Given that the north side of 1161h Street on both sides of Gray Road is parkland, and that the southeast corner of 116th & Gray is a fully developed subdivision, it is unlikely that this commercial use, if approved, would spur additional commercial conversions in this area, however, the community expectation is that this portion of 116th Street remain wholly residential, as it historically has been. A flower shop is considered a low-intensity retail use, and does noL generate the amount of traffic typical of most retail uses; it would be more comparable to office uses, which would be permitted at this site as a home-based business, however, the home would be used only as a business. Some additional parking is planned, adjacent to the dwelling, and is proposed to be screened with shrubberies. Access to the site is from Gray Road, over two hundred feet from the intersection. The Comprehensive Plan recommends residential uses at this site, but also recognizes low-intensity retail or office uses generally considered compatible with residences. The proposed flower shop would mainly provide flowers for events, with walk-in retail sales being a small part of the overall business. While the impact from this proposed use would likely be minimal, there is a concern with the possibility of additional conversions appearing in the 1 I 6th Street corridor. 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 house, which has existed for many years, is within 14 feet of the right-of-way of a busy thoroughfare, however, it has been used as a house since the right-of-way expansion. 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 primarily parkland and fully developed subdivisions, which are not likely to either convert to commercial uses or be impacted by a low-intensity retail use comparable to a home-based business, however, there is a concern with additional conversions in this corridor. 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 primarily parkland and fully developed subdivisions, which are not likely to either convert to commercial uses or be impacted by a low-intensity retail use comparable to a home-based business, however, there is a concern with additional conversions throughout the 11 6th Street corridor. " , 4. The need for the variance arises from a natural condition peculiar to the subject property because: The house is immediately adjacent to a busy thoroughfare, however, there are many other dwellings along 1 16th Street with similar setbacks, which continue to function as residences. 5. The granting of this variance does substantially interfere with the Carmel/Clay Comprebensive Plan because: The scale of the proposed use is similar to what would be permitted as a home-based occupation, and could encourage similar conversions throughout the 1 16th Street corridor. Recommendation: The Dept. of Community Services recommends negative consideration of Docket No. 08030009 UV after all concerns have been addressed.