HomeMy WebLinkAboutDept ReportSh. Salsbery Brothers Landscaping
The applicant seeks the following use variance approval:
Docket No. 09090001 UV Appendix A Retail uses in the R1 District.
The site is located at 4317 East 146 Street and is zoned R1 /Single- family residential.
Filed by E. Davis Coots for Salsbery Brothers Landscaping.
hardship because:
than it already does.
CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
October 26, 2009
General Info: The petitioner is requesting approval to continue retail
sales at a landscaping and nursery facility in the R1/Residential
district.
Analysis: The landscaping use was originally approved at this site per
petition UV-3 -93, and prior to that, UV-9-84. Both variances were
approved with the condition that there be no retail sales at the site. At
the time, 146 Street was narrower and almost entirely residential.
Since then, it has been widened and a number of commercial and
office uses have been approved on both sides. While no retail uses was
an appropriate condition at the time, the Department feels the character
of the area has changed enough that light retail such as a landscaping
and nursery facility can be supported, provided they do not generate
excess traffic, cause light pollution, or otherwise negatively impact
adjacent residences.
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
The site is located on a major thoroughfare, and the use will have no greater impact
2. The grant of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because: The site is located on a major thoroughfare, and the use will have no
greater impact than it already does.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any
adverse manner because: The site is located on a major thoroughfare, and the use will have no
greater impact than it already does.
4. The need for the variance arises from a natural condition peculiar to the subject property because:
The site is located on a major thoroughfare, and the use will have no greater impact than it already does.
5. The granting of this variance does not substantially interfere with the Carmel/Clay
Comprehensive Plan because: The intensity of the proposed use would be the same as it has been for
many years.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 09090001 UV after all
concerns have been addressed.