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HomeMy WebLinkAboutDept ReportCARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT February 23, 2009 1-3h. Primrose School Carmel Drive The applicant seeks the following development standards and variance approvals: Docket No. 08120006 UV Appendix A Preschool in the M3 District Docket No. 08120007 V Ch. 20D.08.01(1) Fence height 6' in front yard Docket No. 08120008 V Ch. 27.08 Parking reduction The site is located at the southeast comer of Carmel Drive West and Adams Street and is zoned M 3/Manufaturing/Office. Filed by Matt Skelton of Baker & Daniels, LLP for the Primrose School Franchising Company. General Info: The petitioner is requesting that a site zoned M3 be developed with a preschool, with a reduction in required parking and an increase in permitted fence height. Surrounding uses are primarily office, with some light retail and warehousing. Analysis: This request, if approved, would permit the construction of a preschool within the Carmel Science and Technology Park. The majority of uses in the area are office-related, however, a school was approved for location in an existing building to the southwest of the subject site approximately two years ago. While the site is zoned M3, for warehousing, manufacturing, and other industrial uses, the area has developed as more of an office park. Preschools are generally considered compatible with office parks, provided each use is adequately screened from the other. As part of the screening required for safety, the petitioner is asking to construct a fence that would measure six feet in height in the front yard. The site sits on a comer, and as such has two front yards and two side yards. Fences are permitted to measure up to 3.5 feet tall in front yards; the requested additional height would screen and protect the preschool from the nearby busy thoroughfares. Additionally, the site adjacent to the southeast has a metal fence measuring six feet tall, approved through Docket No. 07030008 ADLS Amend. The petitioner is also requesting to reduce available parking, from the required 53 spaces to 39 spaces. Bicycle parking is not indicated on submitted site plans, and must be included as part of the overall parking plan. The petitioner has not requested a variance from the required bicycle parking. The request to reduce parking is appropriate for a preschool use, as parking will typically be utilized more by employees. The reduction also provides for an increase in outdoor play area, landscaping, and pervious surface. The overall impact of the use on surrounding uses, and on traffic, is likely to be minimal. Findings of Fact -Use variance 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such. that enforcement of the zoning ordinance will result in unnecessary hardship because: preschool and daycare facilities are generally considered to be compatible with office uses, provided they are adequately screened and buffered. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the surrounding area is predominantly office, and would likely be served by the proposed preschool. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: the surrounding area is predominantly office, and would likely be served by the proposed preschool. 4. The need for the variance arises from a natural condition peculiar to the subject property because: while the use is generally considered compatible with the offices that have developed in the area, the site is zoned for warehousing and manufacturing. 5. The granting of this variance does not substantially interfere with the CarmeUClay Comprehensive Plan because: the use is compatible with, and would serve, surrounding developments. Findings of Fact: Increased fence height 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the proposed fence is similar to adjacent existing fences, and would provide additional security. 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 proposed fence is similar to adjacent existing fences, and would provide additional security. 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 permitted fence height would not provide adequate screening or security. Findings of Fact: Decreased parking 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the proposed use would not require a great deal of parking, and the decrease provides an increase in outdoor play area and pervious surface. 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 proposed use would not require a great deal of parking, and the decrease provides an increase in outdoor play area and pervious surface. 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: an increase in parking would cause a corresponding decrease in pervious surface and outdoor play and landscape area, which could negatively impact the use, aesthetics, and enjoyment of the site. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 08120006 UV and Docket Nos. 08120007-8 V after all concerns have been addressed.