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HomeMy WebLinkAboutDept ReportCARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT May 18, 2009 Sh. Happy Everything Catering Home Occupation The applicant seeks the following development standards variance approval for ahome-based occupation: Docket 09040004 V Section 25.18.O1.A. Home occupation square footage over 15% G.F.A. The site is located at 1207 Orchard Park North Drive and is zoned S2/Single-family residential . Filed by Clayton and Allyson Milender, owners. . General Info: The petitioners are requesting permission to operate a catering business out of their house, which is zoned S2. The garage would be converted to a kitchen to house the catering operation. No signs are proposed. Analysis: Several uses are permitted as home-based occupations, provided they remain unobtrusive and do not take up more than fifteen percent of the gross floor area. Serving of food and beverages is not one of the permitted home-based occupations, however, no serving would take place at this location. The petitioners are proposing converting their garage to a commercial kitchen, to prepare food to be served off-site. They have also been working closely with the Board of Health. In discussions with the petitioner, two to four deliveries were anticipated daily, which would be comparable to normal residential traffic. They do not anticipate hiring any staff, and the only external changes would be the removal of the garage door and its replacement with siding to match the house, and a door. They do not have walk-in traffic. While the proposed use has the potential to become intense, as filed, it meets the requirements of a home-based occupation except for size. Home-based occupations are viewed primarily as office uses, because they do not typically need much space or external changes. This also Limits the impact on adjoining properties. In this instance, aresidential-scale kitchen would not be adequate. However, with two staff members, minimal daily delivery, and no signs or outside storage, the request as proposed should have minimal impact on adjoining residences. The petitioners should carefully monitor their business to ensure that its growth is managed, and find a commercial location to augment or replace the proposed location should the operation grow beyond more than the current number of employees or deliveries. Findings of Fact: Size of Home-Based Occupation 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: minimal external changes arc planned, and work traffic would be comparable to residential traffic. 2. The use and value of the area adjacent to the property included in the variance wilt not be affected in a substantially adverse manner because: minimal external changes are planned, and work traffic would be comparable to residential traffic. 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: apart from the size of kitchen necessary for the type of business, alt other requirements of a home-based occupation are met. Impacts on adjoining properties are likely to be minimal at most. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 09040004 V after all questions and concerns have been addressed.