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HomeMy WebLinkAboutDept Report CARMEL /CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT June 23, 2003 23 -26h. North Augusta Subdivision, Lot 13 Brinson Property (V- 63 -03, V- 64 -03, V- 65 -03, V- 66 -03) Petitioner seeks the following Development Standards Variances: V -63 -03 03050024 §23C.08.03.A side yard reduction V -64 -03 03050026 §23C.08.03.B rear yard reduction V -65 -03 03050027 §26.04.05(c) side yard buffer reduction V -66 -03 03050025 §26.04.05(c) rear yard buffer reduction The site is located at 3934 W. 96 Street. The site is zoned B -2 /Business within the Michigan Rd/US 421 Overlay. Filed by Darrell Phillips of Weihe Engineers, Inc. on behalf of Jacob Brinson of Brinson Properties, LLC. General Information: Brinson Properties, LLC would like y .r to request a developmental 1° k ,r, standards variance for a proposed .1 office building with dental and vizi e professional offices. They would like to reduce the side and rear yard ft': setbacks, as well as side and rear ';#4,., buffer yards, in order to develop the �w site the way they want. The site is I/ j zoned B -2 within the US A t 9 421/Michigan Rd Overlay, but to 04 9 4 F .7 the north and east it is zoned 5- 1/Residential. The lots to the west MICHIGAN RD 'r4 4 A .,,,,,'„;.,',>,,,:k, are also zoned B- 2/Business. y w 96Th Background Information: The DP /ADLS for the Brinson Property was heard at the May 20, 2003 Plan Commission meeting. The case will be sent to the June Special Studies Committee. Concerns were brought up about the 96 Street road widening and even more loss of grass /vegetation. (Excerpt from June 3, 2003 Special Studies Committee Meeting Minutes not available.) Analysis: The character of this corner of 96 Street and Michigan Road is changing slowly to business uses. The dental and professional offices will serve as a transitional use to the existing residential, which will most likely become commercial in use in the future. The reduction of buffer yards is a concern, but as long as width reduction is compensated for with extra density and height of vegetation, it should be fine. June 2003 Carmel 23 /Clay Board of Zoning Appeals Department Report 19 r_ Findings of Fact: 1.) The approval will not be injurious to the public health, safety, moral and general welfare of the community; The office building on this site will not be injurious to the public health, safety, morals and general welfare of the community 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; and It is the Department's opinion that the use and value of the area adjacent to the property will not be affected in a substantially adverse manner by allowing the 1 '/2 story building. 3.) The strict application of the terms of the Zoning Ordinance will result in practical difficulties in use of the property. The strict application of the Zoning Ordinance will result in practical difficulties in the use of the property. The setbacks would not allow a feasible building to be built. Recommendation: The department recommends a favorable consideration for V -63 -03 through V- 66 -03. June 23, 2003 Carmel /Clay Board of Zoning Appeals Department Report 20 t City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317- 571 -2417 Fax: 317 -571 -2426 FACSIMILE TELECOPY COVER LETTER DATE: June 19, 2003 TO: Darrell Phillips FAX: 843 -0546 FROM: Connie Attached hereto are 6 pages, including this cover letter, for facsimile transmission. Should you experience any problem in the receipt of these pages, please call 317/571/2419 and ask for Connie. NOTES: Attached are the Agenda and Department Report for the June 23, 2003 BZA meeting. Please remember to bring to the meeting seven (7) additional fully filled -out Findings -of Fact sheets and seven (7) ballot sheets for each petition, for the Board's use. CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. if you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us.