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HomeMy WebLinkAboutDept Reports 07-28-08 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT July 28, 2008 1-2i. Monon & Main, Unit 3D. The applicant seeks the following development standards variance approval: Docket Nos. 08030014-16 V Section 15.26 of PUD Z-462-04 non-residential uses on 2nd & 3rd floors Docket Nos. 08030026-28 V Section 2.13.B ofPUD Z-462-04 2-car garage requirement The site is located northeast of Third Ave NW and Main St., and is zoned PUD/Planned Unit Development. Filed by Mr. and Mrs. Ardalan for Soori Gallery. General Info: The petitioner seeks variance approval to use the 2-car garage areas and upper floors for a bakery and cafe. The Manon & Main PUD ordinance states "any townbome located in the Primary Area shall contain a minimum of a two-car garage." Analysis: The townhomes are in the heart of Old Town and fronts on Main Street, a prime location. The proposed use of all three noors of the townhome would be a bakery and cafe. Some minor outstanding concerns are: how will deliveries and loading occur? How will trash collection occur? (The petitioner may have to use the back half of the garage areas for trash storage.) This proposed use would not have an impact on traffic or parking any greater than any other retail uses permitted, either by right on the first noor or by variance in the entire townhouse. Currently, a petition that would modify the existing PUD to allow limited non-residential uses in the upper floors and garage areas as well is under review by the City Council. A cumulative deficit in the number of parking spaces in Carmel Old Town is a concern, however, the CRC is doing several things to head off any parking problems in Old Town, including providing a new parking area just south of Main Street where they demolished the First Indiana Bank building, redesigning the parking lot north of the 91 1 Communications Center, having both on-street and underground parking at the Indiana Design Center, and providing on-street diagonal parking along I sl Ave SW, (from 151 to 2ud Streets). All of this will be in addition to the proposed public parking garage that the Carmel Redevelopment Commission (CRe) will construct within a development at the northeast corner of 2nd Ave NE and Main St. that will serve many of the adjacent businesses in Old Town and will help solve the shortage of parking spaces downtown. This parking garage would have 100 parking spaces available to the public, while approx. 156 parking spaces would be reserved for tenant/residents within the CRC development at that corner. The CRC is finalizing the project agreement with Keystone Construction, to begin construction in 2008-2009. Findings of Fact: non-residential uses 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: it seems sensible for the buildings along Main Street to be comprised of mostly retail and commercial uses, since it is a highly traveled corridor in Old Town. 2.) The use and value ofthe area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: it seems sensible for the buildings along Main Street to be comprised mostly retail and commercial uses, since it is a highly traveled corridor in Old Town. Also, the Manon and Main units along Main Street are already allowed to be live/work units, a blend of residential and non-residential uses in on building, all on one city block. 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: due to supply/demand of the real estate market and the location of the building which may call for the highest and best use to be 100% commercial. Following the Ordinance to keep the structure a live/work use may cause a hardship on the property,owner. Findings of Fact: 2-car garage 4.) The approval of this variance wiD not be injurious to the public health, safety, morals, and general welfare of the community because,: the Monon and Main Development, as well as the Old Town area, has many parking areas and on-street parking opportunities for cars. The uses proposed will utilize very little vehicular traffic, and if they are converted back into residential uses, the garages can easily be put back. 5.) 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 Monon and Main Development, as well as the Old Town area, has many parking areas and on-street parking opportunities for cars. The uses proposed will utilize very little vehicular traffic, and if they are converted back into residential uses, the garages can easily be put back. 6.) 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: there may not be enough first floor area within the structure to utilize retail/commercial uses and related office spaces on the fust floor. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 08030016 V and 08030028 V after all questions/concerns are addressed about parking and building use. CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT July 28, 2008 6i. Monon& Main, Units 3A, & 4F. The applicant seeks the following development standards variance approval: Docket Nos. 08030014-16 V Section 15.26 ofPUD Z-462-04 non-residential uses on 2nd & 3rd floors Docket Nos. 08030026-28 V Section 2.13.B ofPUD Z-462-04 2-car garage requirement The sites are located northeast of Third Ave NW and Main S1., and are zoned PUD(Plarmed Unit Development. Filed by Mr. and Mrs. Ardalan for Soori Gallery. The petitioner has requested tabling this item until the August 25 hearing.