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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT November 24,2008 1-2h. Aaron Ruben Nelson Funeral Home The applicant seeks the following special use and development standards variance approvals: Docket No. 08100005 SU Appendix A: Use Table Funeral Home in the B5 District Docket No. 08100006 V Section 25.07.02-07 Sign height over 6 feet The site is located at 11411 N. Michigan Road and is zoned B5/0ffice uses Filed by Charles Frankenberger for The Blackstone Group. General Info: The petitioner is requesting to construct a full-service funeral home on North Michigan Road, just north of the US 421 Overlay District, in the B5 zoning district, on 2.99 acres. Surrounding uses include residential uses to the north and east, and a retail garden center to the south. Analysis: This request would permit the construction of a funeral home, with crematory services and an '\ . '~1 attendant's apartment, on Michigan Road. While the . ~.\ funeral home and crematory are not prohibited in the ~ _'" B5 zoning district, the approval of a Special Use is required. The petitioner has also filed ADLS and DP applications. Funeral homes are generally considered to be compatible with residential and light business uses. and similar to religious uses with regards to traffic generation and intensity of use. Their overall impact with regards to traffic on the surrounding area is likely to be minimal, especially considering that Michigan Road is five lanes wide in this area. An attendant's apartment is also proposed for the second floor, in order to have someone available at all times. With regards to any potential environmental impact, crematories typically function at high enough temperatures that there are few emissions. They are also closely regulated by state code. EP A estimates are that mercury emissions from crematoriums account for less than 1 % of all mercury emissions in this country. The proposed crematorium would handle approximately 200 cremations per year, according to the petitioner. The ovcrall impact on the surrounding area, with regards to both traffic and emissions, is likely to bc minimal, comparable to office or religious uses at the site, and less than other uscs permitted at the site, such as retail. The proposed ground sign is 8' -11" tall, while only 6'-0" is permitted by the Sign Ordinance. The Department finds that the sign, as proposed, to be out of scale for this area of Michigan Road, and would suggest a more horizontal sign configuration, with a proportionate adjustment (or elimination) of the sign's "roof' , in order to meet the height requirements of the ordinance. Findings of Fact: Special Use 1. The premises in question is particularly physically suitable for the proposed Special Use because: the site has access from Michigan Road, a major thoroughfare, and the proposed use would serve as a butfer from the more intense commercial uses to the south, for the residential uses to the north and east. 2. The Special Use will not injuriously or adversely affect economic factors, such as costlbenefit to the community and its anticipated effect on surrounding property values because: the potential impact with regards to traffic and environmental effects is likely to be much less than it would be for other, permittcd uses. 3. The Special Use will be consistent with,social/neighborhood factors, such as compatibility with existing usesa,nd those permitted under current zoning in the vicinity ofthe premises under consideration and how the proposed Special Use will affect neighborhood integrity because: the potential impact with regards to traffic and environmental effects is likely to be much less than it would be for other, pennitted uses, and the proposed use would buffer less intense uses to the north and east from marc intense uses to the south. 4. The Special Use will not injuriously or adversely affect the adcquacy and availability of water, sewage and storm drainage facilities and police and fire protection because: the necessary infrastructure already exists at the site. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which thc Special Use is proposed because: vehicular and pedestrian amenities exist, and will be improved and modified as part of the overall construction plan. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and does not find that those criteria prevent the granting ofthe Special Use: the proposed funeral home compLies with all criteria. Findings of Fact: Sign height 1. The approval of this :variance will be injurious to the public health, safety, morals, and general welfare of the community because: the sign is almost 3' taller than what is permitted. Tills would not be consistent with other signs in the community. 2. The use and value of the area adjacent to the property included in the variance will be affcctcd in a substantially adverse manner because: this sign may give this property more visual identification than other buildings in the area, and does not transition well to adjacent single family residentiaL. 3. The strict application of the terI~sof the Zoning Ordinance: ,to the property \\'ill not result in practical difficulties in the lise of the property bccause: a sign that is within the Sign Ordinance size requirements is an achievable design and many other businesses along this corridor have created signs without the need for this variance. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 08100005 SU and negative consideration of Docket No.08100006 V after all concerns have been addressed.