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Home My WebLink AboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT October 27, 2008 Parking lot on residentially-zoned General Info: The petitioner is requesting to legally establish a use that has existed at the site for many years. The parking lot serves a health care center, which is zoned ~. rh L Analysis: -The request arises from the discovery that while an addition to the health center and parking area was approved by the Plan Commission in 1985, a variance was not sought for that part of the expansion that extended onto the site's residentially-zoned parcel. The expansion of the parking lot was requested by the City at the time of review. No further extensions are a part of this variance request; this request would only serve to legal1y establish a use which has existed for 23 19'2- years. Additionally, the petitioner, while requesting some of the permitted ~ uses on the R2 parcel, would also restrict the more inappropriate uses through ~ commitments, pernlitted in the %District, on both parcels. Permitted uses would be compatible with existing, surrounding uses. f]L Findings of Fact: Parking lot on residentially-zoned parcel 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the use has existed at this site for many years, and serves a commercial use which is sited on appropriately-zoned land. 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 use has existed at this site t'Jr many years, and serves a commercial use which is sited on appropriately-zoned land. 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: the site has been used in this manner for many years, and would have to return to a primarily residential use, thus causing the health care center to lose a great deal of parking. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 08090010 UV after all concerns have been addressed.