HomeMy WebLinkAboutDept Report CARMEL /CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
November 24, 2003
1 -2h. Townhomes at Range Line (SU- 82 -03, V- 83 -03)
Petitioner seeks Special Use approval to construct Townhomes.
SU -82 -03 #03080014 10.2 special use in R -4 zone
Petitioner also seeks approval of the following development standards variance:
V -83 -03 #03080015 §23D.3.C.3.b.(i) new building front yard setback
The site is located at 340 N Range Line Rd. The site is zoned R -4 in the Old Town
Overlay, Character Sub district. Filed by Dave Sexton of Schneider Corporation for I.E.
Investments, LLC.
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General Information:
The petitioner requests Spec Use approval in order to build a multiple family dwelling
(4 Townhomes) in the R -4 Residence Zone. The petitioner also requests a variance in
order to build a multiple family dwelling with a reduced front yard setback along 1 Ave
NW.
Background Information:
The Plan Commission Special Studies Committee has forwarded the P Plat and
Development Plan/ADLS for the Townhomes with a favorable recommendation to the
Plan Commission on October 7, 2003 with a vote of 5 -0. At the Plan Commission
meeting on October 21, 2003, the board approved the project with a 9 -0 vote.
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Analysis:
The Plan Commission Special Studies Committee looked upon the project favorably. The
town homes will serve as an asset to Old Town. The site lends itself very well to the
proposed layout.
Findings of Fact: Development 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 twnhomes will fit into the context of the neighborhood. It is a residential
building that will serve those looking for an alternative to single family homes or
apartments.
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:
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
reduced setback. The Townhomes will actually add character to the area, rather
than viewing the vacant lot it is now.
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:
The strict application of the Zoning Ordinance may result in practical difficulties
in the use of the property due to the fact that other structures exist in the area with
similar setbacks as proposed by the applicant.
Findings of Fact: Special Use
1.) The Special Use in the Flood Plain District, Ordinance Z -160, Section 21.6 as
amended does not apply and all prerequisites have been met by the Petitioner
as verified by:
The site plan does not show the property in a flood plain.
2.) The Special Use will be consistent with the Character and the Permitted
Land Use of the Zoning District and Carmel/Clay Comprehensive Plan
because:
The Comprehensive Plan stresses intense building intensities due to their lot
coverage and street frontage. Similar building form of structures on the street
verses parking areas in front of the structure are encouraged. (Comp Plan, Pg 4 -8.)
3.) The Special Use is physically suitable for the land in question because:
The Townhomes structure is residential and fits into the surrounding context of
single- family homes and apartments.
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4.) The Special Use will not be injuriously or adversely affect the adjacent land
or property values because: The structure will increase or keep property values
the same, since the use is Townhomes, which encourages downtown living.
5.) The Special Use will not adversely affect vehicular or pedestrian traffic flow,
nor the adequate availability of water, sewage, or storm drainage facilities or
police or fire protection because:
The existing structure will not affect the availability of facilities.
6.) The Board has reviewed the requirements of the Ordinance Z -160, Section
21.3 (1 -25) as they relate to this Special Use, and does not find that those
criteria prevent the granting of the Special Use:
The property is suitable, long and narrow, for Townhomes.
Recommendation:
The staff recommends positive consideration of SU -82 -03 and V- 83 -03.
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