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HomeMy WebLinkAboutDept Reports 04-28-08 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT April 28, 2008 16-17h. Monon & Main, Units 3A, 3D, & 4F. The applicant seeks the following development standards variance approval: Docket Nos. 08030014-16 V Section 15.26 ofPUD &462-04 non-residential uses on 2nd & 3rd floors Docket Nos. 08030026-28 V Section 2.13.B of PUD Z-462-04 2-car garage requirement The sites are located northeast of Third Ave NW and Main St., and are zoned PUDtPlanned Unit Development. Filed by Mr. and Mrs. Ardalan for Soori Gallery. Analysis: The townhomes are in the heart of Old Town and fronts on Main Street, a prime location. The proposed uses of all three floors of the townhomes would be a design studio, bridal shop, or jewelry shop. 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.) All of the proposed uses would not have an impact on traffic or parking any greater than any other retail uses permitted, either by right on the first floor or by variance in the entire townhouse. .....LE ~~I\OST N ~ Z o ~ m MAIN 5T :;: CI) w ~ a z General Info: The petitioner seeks variance approval to have non-residential uses on the second and thirds floors of these live-work dwellings. The Manon & Main PUD ordinance states "the first floor, only, of a live/work dwelling may be utilized for the non-residential uses..." The petitioner also seeks variance approval to use most of the 2-car garage areas for non-residential use. The Manon & Main PUD ordinance states "any townhome located in the Primary Area shall contain a minimum of a two-car garage." A cumulative deficit in the number of parking spaces in Carmel Old Town is a concern, as units intended as live/work uses want to convert to commercial uses. Although on-street parking may be used to fulfill parking requirements for these units, the potential conversion of a townhome into a business, combined with the loss of a 2- car garage, may create a need for additional parking spaces, and may add to the parking space deficit in Old Town. This becomes a great concern if all or most of the townhome units of Manon and Main that front Main Street want to convert to business uses (approximately 19 units), as this seems to be the trend that is occurring. However, the city has already purchased several parking lots in the area; a parking study was conducted recently, and there are plans developed to handle the additional needed parking (see letter submitted by Les aIds, director of the CRC). The CRC is or will do several things to alleviate the parking problem in Old Town: 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 911 Communications Center, having both on-street and underground parking at the Indiana Design Center, and providing on-street diagonal parking along 1 SI Ave SW, (from 1 sl to 2nd 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 comer of 2nd Ave NE and Main S1. 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 trying to set this project as a priority, in regards to timely approval and constmetion. Findings of Fact: non-residential uses 1.) The approval of this variance .."ill not be injurious to the public hcaltb, 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 of the 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 higWy traveled conidor in Old Town. Also, the Monon 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 wiU 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 1.) The approval of this variance will 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. 2.) The use and value of tbe area adjacent to the property included in the variance wiU not be affected in a substantiaUy adverse manner because: the Manon and Main Development, as weB 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. 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: there may not be enough first floor area within the structure to utilize retail/commercial uses and related office spaces on the first floor. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 08030014-08030016 V and 08030026-08030028 V after all questions/concerns are addressed about parking and building use.