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HomeMy WebLinkAboutPacket CARMEUCLAY BOARD OF ZONING APPEALS ‘i REG Carmel, Indiana Docket No. V--63-03 DOC Petitioner Brireal. PrqcertiEs, LIE FINDINGS OF FACT DEVELOPMENTAL STANDARDS VARIANCE (Ballot 1. 2. 3. DATED THIS 23rd DAY OF are 20 Board Member Page 7 of 8 ElsharedVoma\SZA applications Developmental Standards Variance Application rev. 12131832 t CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: V -63-03 Petitioner: Brir> tea'' LIB FINDINGS OF FACT DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the" cnT becau se more senaral businsss 1c pram gid= yards and ack ate esparaticn. Pre prcpceed 10' s ri yard c mild allod far minimal agate building wi.dti'r, pricing, drives. calks and landscaping that Hmild not he injures to tae Ohl i c hs It h, Gafety, rrcral s crr general Ire af the ccnrrunity. 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: Ile use cif de adja a± residential cperty will rrt be err rcachsd, ananter or restricted by de rudlt cti rn. ALlavinm far tie ad mate miniural building width, paridrp, driers, winks cad l m cn t pzcrie t. site wi 1 1 rant PrlwrFely affect he value of the arijacra t nseddatial as mgt lile.ly- beoares -a- laniness- 2rtrd tract -in tie mar _future. 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: 'Ile 100 foot width lot of the property will net elks.; fcr tie raininal building width, parking, drii dui r^alk widths, and landazsgzartr if t t e slilct a} plicatiu b of the one usme fo11 rid, DECISION IT IS THEREFOREE he decision of the Carmel /Clay Board of Zoning Appeals that Developmental Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this 23rd day of J' 2003 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign)..., Z\ shared\ forms \BZA appiications\devstandapp 1$. Revised 12/31/2002 Page 8 of z lshered'io m \BZA applleaUOns1 Develapnnntal Standards Vanance AppllcaUOn rev. 12131102 CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: V 64 03 Petitioner. tinsai Via', ILC FINDINGS OF FACT DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the. community because: maintain a minim'. agate se aration from tae ire rtdarta'>� in siC� yard to t3 10' will adjacent lieirress qty that will allay for rrrinirral adequate tui.ldi g width, parking, cii, walks and landsmping ai tyre project site idz will not be injurious to tie pabLic health, safety, mauls ar ca welfare of canruiity. 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: ire 10' arati n will allay for a prcper layout dull ac ate nanirral hailding width, parking, drives, walks arr3 landsmninof at the project site. This lay :it. will not arrcad1, ar urber cr rptri c t the a ljarrr,t hr xs Sri the tersely affect the value cf 1 a hirers qty. 3. The strict application of the terms of the Zoning Ordinance to the property will resuit impractical difnculties use of the property because: 'lyre 100 fact width kt of the proposed testy will not al.lod far the minimal bail,ding width, parking, dries cull walk widths, hss, cud lardscaping if tire strict applicaticns of de trance were fnlladad. DECISION IT IS THERE decision of the Carmel /Clay Board of Zoning Appeals that Developmental Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this 23rd day of are 20 03 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the•Board are listed on the back. (Petitioner or his representative to sign).. Zlshared\forms113ZA applicationsldevstandapp Revised. 12/31/2002 t^ f r Page 8 of 8 =%sharedVorms\8ZA applications% Developmentat Standards Variance Application rev. 121'31/02 iv CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: V-65-03 Petitioner: I�r�i alas' IIC FINDINGS OF FACT DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: 'The general area sucran ing the cbcelcprent is ing fran residential bus- iness aping and the recb ticn of the Firs= yard laffPr adjacent to i fcr future r can= dri general and nr e geral b. E i pass cl b alt ski yards and adequate secaraticn. wldtn, pariang, drives, val.ks and l r:g that wculd rrt be injurias to ihl i r- safety, rrora]s cr gaeral velfare of tine cciumnity. 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: 'Ile use of the adjacent residential al qty will not be erritachad, enzurber cr resLicted by the pep redrtirn. Alit:wing for the adequate nri.ninral buildirg width, parking, drives, elks cad larremping az tae erect site will not adversely affect de wan of the adiaoart res rte, a i prcperty as it rrt st beeaTes a lateness aired tract in tt e .naar f_utsae. 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: 'Ile 100 fcz>L width lot of tie prt pcead prq:erty will not altar for de nrinirnal buildirx width, pricing, dri df it balk widths, did larrhsxg if de e strict a1 is atia of the Or rQ vale fal-latied. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Developmental Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this 23rd day of are 20 03 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).-; Z\.shared\forms \BZA applications\devstandapp Revised 12/31/2002 Page 8 of 8 zLsharedlfomts\BZA applications\ Developmental Standards Variance Application rev. 12/:1102 CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA 66 03 Docket No.: V Petitioner. Barisal Properties, LIE FINDINGS OF FACT- DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and.general welfare of the becase 9 t yaa rarg u a aryl rea� r i to for rage gemmed. rusinsss cbve1cprent rear yard bitters curl pwirb an ads:pate seiaticn. 'The proposed 10' rear yard buffer gild allow fur mininal width pricing, chives, walks, did also the ingress/egress and Daum% chive wihich all would rust be injuric s to the 1it1ic tfi, safety, rror or general welfare off the aauunity. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a sA antigyadv s b c us :thy will rut be err�ca 1, ana rte restricted by r� the propcsai Allowing fog de adequate rninirral width parking, drives, walks and land scaping at de project site will not adversely affect de \eke of fire adjacent residsntial property as it rrubl_ ]ably beoares a tusiness zoned tract in fie nor future. 3. The strict application of the terms of the Zoning Ordinance to the property will r•esuifin practidaldifficulties In ths use of the property because: 'Ile 222' lot dspth of tine rropcsed property will not allow far the ridsiinal width pricing, chive and \elk widths, did Jan larrismpinq, in adiition to ormidirr toy. the =noon drive did irpress/eztress if de strict arplicaticns of de ()dirarne wr're fdllrz rl_ DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Developmental Standards Variance Docket No. V -66-03 is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this 23171 day of are 2003 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).. Z\shared\forms\BZA applications■devstandapp Revised 12/31/2002 Page 8 of 8— zlshared'Soms\BZA applications% Developmental Slandan s Variance Application rev. 12/31/02 sue®- WEIHE NIIN�EE4= INC mss 6;1 CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS, LANDSCAPE ARCHITECTS STATEMENT OF VARIANCE Brinson Properties, LLC Docket No. V- 63 -03, V- 64 -03, V- 65 -03, V -66 -03 Project Location: 3934 West 96 Street Approximately 475 ft. east of Michigan Road/S.R. 421 The proposed project is to develop a professional office building on the B -2 /Business zoned property in the Michigan Road Corridor Overlay Zone. The property was previously a residential home use that had been vacated and now demolished. The property is 0.541 -acres and is Lot No. 13 of the North Augusta Subdivision. The property had been rezoned from residential to business prior to the purchase by Brinson Properties, LLC and prior to the Michigan Road Corridor Overlay Ordinance enactment. The general area of the proposed project is seeing changes from residential to business zoning. The proposed project is to develop a 1 '/2 story building that will total 4,600 S.F. There will be 3,000 S.F. on the first floor and 1,600 S.F. on the second floor. Presently, it is proposed that 'A of the building will be used by Dr. Brinson as a dental office with the remaining half to be leased to a compatible professional office tenant. To develop the proposed building, parking, drives, walks and landscaping areas, we have worked closely with the City of Carmel's Planning Staff and will need the following four Development Standards Variances: A. V -63 -03 Section 23C.08.03.A) Reduce east side yard setback from 50' to 10' adjacent to Residential. B. V -64 -03 Section 23C.08.03.B) Reduce west side yard setback from 15' to 10' adjacent to Business. C. V -65 -03 Section 26.04.05(c)) Reduce east side yard landscape buffer from 15' to 3.5' adjacent to Residential D. V -66 -03 Section 26.04.05(c)) Reduce rear yard landscape buffer from 25' to 10' adjacent to Residential. ALLAN H. WEIHE, P.E., L.S. PRESIDENT 10505 NORTH COLLEGE AVENUE INDIANAPOLIS, INDIANA 46280 (317) 846 (800) 452 6408 FAX: (31 7) 843 0546 W EJ H E E N J NE E R I �N. CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS, LANDSCAPE ARCHITECTS STATEMENT OF SUPPORT Brinson Properties, LLC Docket No. V- 63 -03, V- 64 -03, V- 65 -03, V -66 -03 Proj ect Location: 3934 West 96 Street The proposed project site is zoned B -2 /Business within the Michigan Road Corridor Overlay Zone. The project is in an area that is being redeveloped into business uses. The property was rezoned by a previous land owner before the Michigan Road Overlay Zone became effective. However, the adjacent property to the north and east are still R -2 zoned properties. To develop the 0.54 -acre, 100 foot width lot with a 4,600 S.F., 1 '/2 story professional office building, 16 parking spaces, drives, walks and landscaping areas, Brinson Properties, LLC is requesting relief in the east and west -side yard set backs, in addition to the east -side and rear yard landscape buffers to develop the project. If the fore mentioned Ordinance guidelines are maintained, there would not be adequate buildable space on the property to develop a business office per the other Ordinance guideline requirements such as building height, parking, landscaping and circulation. In working with the City of Carmel's Planning Staff, we have oriented the building in the north/south direction to place the building as close to 96 Street as possible. This placement of the building will also allow us to incorporate the appropriate parking and drives required for the building, in addition to incorporating a 24 ft. ingress /egress easement along the southern portion of the property as requested by the Planning Staff for future connection and access to the properties to the east and west. Also incorporated into the development of the site, we are locating the entrance to the site at the eastern property boundary. This location of the entrance as requested by the Planning Staff will allow for future expansion of the entrance so that it can be used as a common access to the property to the east and minimize access points on 96 Street. The proposed project appeared at the May 20 2003 Plan Commission Public Hearing where it was passed on the June 3 2003 Special Studies Committee with out any public response to the project. At the June 3r Special Studies Committee, all items of concern were addressed and the Committee approved the project to go back to the June 17 2003 Plan Commission Hearing for final approval. The project is on the June 17 Plan Commission meeting for approval. The following is a brief overview of the need for relief from each of the four requested ordinances. A. V -63 -03 Section 23C.08.03.A) Reduce east -side yard setback from 50' to 10' adjacent to Residential The needed relief from his Ordinance is threefold. The first need is if the existing building setbacks were followed, there would only be a total of 35' of width where the building could be constructed. A 35' width building would not allow for minimum efficient internal layout for the office space and circulation. In addition, the second would be the minimum 35' width would provide for a disproportionate height to width for the minimum 1 -1/2 story building height required by the ordinance. The third reason is the total lot width is approximately 100', to provide adequate space for building width, parking spaces, drives isles, landscaping and circulation sidewalk the building is needed to be placed closer to the east side yard setback than allowed. ALLAN H. WEIHE, P.E., L.S. PRESIDENT 10505 NORTH COLLEGE AVENUE INDIANAPOLIS, INDIANA 46280 (317) 846-6611 (800) 452 -6408 FAX: (317) 843 -0546 WEIHE ir ENGINEERS., Statement of Support Brinson Properties, LLC Docket No.: V- 63 -03, V- 64 -03, V- 65 -03, V -66 -03 Page 2 oft B. V -64 -03 Section 23C.08.03.B) Reduce west side yard setback from 15' to 10' adjacent to Business The relief from this Ordinance is the same threefold need as stated in item "A" above. To allow for proper placement of the building, parking, drive circulation isle widths and walk, the building is needed to be placed closer to the west side yard setback than allowed. C. V -65 -03 Section 26.04.05(c) Reduce east side yard landscape buffer from 15' to 3.5' adjacent to Residential The need for relief from this Ordinance is similar to item "A" and `B" above. To accommodate the building, parking spaces needed, drive isles for circulation, walks and landscaping, the east side yard landscape buffer needs to be reduced. D. V -66 -03 Section 26.04.05(c)) Reduce rear yard landscape buffer from 25' to 10' adjacent to Residential The relief from this Ordinance is needed to allow for the layout of the site in the north and south direction. To accommodate the 24' ingress /egress drive, the required parking spaces, the drive isle widths for circulation, walks and parking lot landscaping, the rear yard landscape buffer needs to be reduced.