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HomeMy WebLinkAboutDept Report 02-23-09CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT February 23, 2009 6h. Brunson & Co Office The applicant seeks the following use variance approval: Docket No. 08110009 UV Appendix A: Use Table Office uses in residential district/building The site is located at 501 East 116t'' Street and is zoned R1/Single-family residential. Filed by Michael Godfrey and Kumiko Brunson, owners. General Info: The petitioner is requesting to use an existing dwelling for office space. The site is 0.43 acres, and is zoned and developed for single-family use. The site has previously been in enforcement for the illegal conversion of the garage into a potential commercial use. Analysis: The request, if approved, would permit the use of an existing dwelling as an insurance office. This type of business does not generally generate a great deal of traffic. 116`" Street is typically heavily traveled, particularly during rush hour. It is also characterized by single-family dwellings on the north, and a mix of single-family and low-intensity commercial uses on the south. While there are some concerns with intermingling office and residential uses, the office uses may also serve as a buffer from more intense uses. In addition, it is possible that the 116`" Street corridor will gradually become more commercialized, and small, home-based businesses permit increased commercialization while minimizing negative impact on adjacent residences. There has already been one office use approved on the same block of 116t" Street, with the condition that no sign be placed on the site. The site was the subject of a stop-work order in March 2007, for construction without required approvals and incorrect information submitted for permit issuance. The garage was being remodeled, and it became apparent during inspection that the remodel work was commercial in nature rather than residential. The applicant informed the Department of Community Services at that time that they were going to use the house only as a house, or perhaps have a home occupation as permitted by the ordinance, and withdrew their use variance requests. More recently, an illegal driveway expansion, to provide parking since the garage was converted, has come to light. This issue will need to be resolved with the Permits Department. Home-based occupations are permitted, provided they follow certain criteria. The main criteria relate to the invisibility of the home occupation - it should not be apparent from the street that a dwelling is functioning as a business rather than a residence. This becomes even more critical when the occupation uses the entire structure. To that end, all outward signs of business use -ground signs, wall signs, extra parking, etc, should be limited or prohibited altogether. While parking in the front yard is a common feature in this neighborhood, as many garages have been converted to extra living space, the petitioner should consider limiting the number of cars at any given time, and encourage carpooling. The Department also asks that the petitioner commit to not placing any signs, beyond the small wall sign that is permitted by the ordinance, on the property. Additional signs are also not permitted by the sign ordinance, and their installation will result in enforcement action. Additional landscaping around the perimeter of the property may also mitigate the driveway expansion and enhance the residential appearance of the site. Low-impact office uses may coexist with residential uses, even beyond the scope of what is permitted as a home- basedoccupation, but they must not negatively impact their neighbors. ~~ ]6TH ST E 116TH ST Update for the February 23 Hearing: • The driveway issue has been largely resolved. The petitioner will need to decide if he wants to conform to commercial standards and pave and curb the graveled portion of the drive/parking area, or to leave the gravel. The Board's input is requested in this matter. • The Department recommends working with the Urban Forester on additional landscaping and screening, particularly for the parking area. • Right-of--way and bicycle thoroughfare funds will be dedicated to the City if the variance is approved. • The Department recommends atwo-year expiration date, if the variance is approved. 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: The house will maintain its outward appearance as a residence, and the proposed use expansion would not generate excessive traffic. 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 currently is predominantly residential, with some residential-to-office conversions, on a busy thoroughfare. 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 currently is predominantly residential, with some residential-to-office conversions, on a busy thoroughfare. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The surrounding area currently is predominantly residential, with some residential-to-office conversions, on a busy thoroughfare. 5. The granting of this variance does not substantially interfere with the CarmeUClay 1. Comprehensive Plan because: The scale of the proposed use is similar to what would be permitted, and has been approved on the same block. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 08110009 UV after all concerns have been addressed, and the condition that no signs beyond what is permitted by the Sign Ordinance be placed at the site, and that the number of cars parked at the site at any one time shall be limited to the greatest extent possible.