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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.