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HomeMy WebLinkAboutDept Report CARMEL /CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT January 26, 2004 6 -7j. Lady Hamilton Estates, Lot 6 Special Use Broad Horizons Montessori School The applicant seeks approval to operate a private school in the R -1 Zone. SU 101 03 #03100007 §7.02 special use The applicant also seeks the following development dards variance: V 134 03 #03120028 §27 parki lot curbing The site is located at 1325 E 111th zoned R -1/ Residence. Kurt Pieples of Broad Horizons Montessori Street. The School LLC. is dence. Filed by Susan General 3 q a*'d q 4 y tai '',.4 Information: The petitioner seeks CENTRAL L special use approval to PAR H ,a f r use a residential t g y building as a privat e school targeting Z i 1 TH sT. children with a f developmental delays, A 3 o a utism spectrum i 4 ,M1 y g i p a l 2 d and sensory .,..y S -J' ,v "'fie. i o o challenges. The school 5 r 4 `F� i s growing o popularity E,,ki i W 1 and has to locate to a larger building to teach 4 i 'f more students. The ''°11 1 a 1' y. E develo standards variance is to allow a parking lot that is not curbed, so that the house can keep the res character and not look too commercial. Background Information: (Excerpt from the November 19, 2003 Techn A dvisory Com mittee M eeting Minutes): Comes now Broad Hor izons Montessori School. Th e applicant s eeks appr oval to operate a private school in the R -1 Zone. The site is located at 1325 East 111th Street. The site is zoned R -1 /Residence. PIEPLES: We have a requirement to increase the parking. Our staff of three (3) teachers, one parking for each teacher and two per class so we need to have five (5) curbed parking spots. It is our desire to remain looking like a ho so no signage changes, no change to the yard. Minimize the changes on the property. DOBOSIEWICZ: Will you file fora variance for no curbing? PIEPLES: I do not know what that means. DOBOSIEWICZ: It is similar to the Use Variance. PIEPLES: I would l ike to do that. I did contact the County Commissioners about the Union Transit Line that use to run off of southwest corner of our property. My understanding is there -1- may be some utility right -of -ways. The Commissioner said I could file a Quit Claim Deed to clear that right -of -way. HOYES: I will need a set of plans when you get them... BREWER: ...To keep it looking residential you will lose two of your biggest trees. Let me know when you decide where the parking will go. I will make my recommendations then. PIEPLES: So is it okay to start pruning and cutting? DOBOSIEWICZ: I would wait until you get the site reviews. BREWER: I agree, you do not want to prune and cut and then have to remove them. DOBOSIEWICZ: Would you think it would be best to waive the curbing in keeping the residential look for just five cars? BREWER: She has a substantial drive way. BLANCHARD: No comments. HOYT: How long has this been used as a school? PIEPLES: Since Labor Day. HOYT: When I get a site plan I will have additional comments. You may require an alarm. AKERS: Will there be a sign out front? PIEPLES: No. AKERS: The address is on the house? PIEPLES: In very large letters. BUTLER: does she need to hire an engineer for a site plan? DOBOSIEWICZ: Yes to address storm water and parking issues. KERN: The District has not received any plans for this proposal. Building permits should NOT be issued unless the District has issued connection permits. END. Analysis: The property is located in an R- 1/Residence area. Special Use approval is required for a school to be located in this zoning district. The petitioners are sincere about keeping the property as close to being residential in appearance as possible. The petitioner does not want any signs on the property. The additional parking will be situated so that it has minimum impact on the residential character of the site. 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 shows the subject property to be within an area of Low Intensity Residential Communities. This special use is allowed in the zoning district, and the Comprehensive Plan states that: Low intensity neighborhoods should be served by and be accessible to...schools...(Comp Plan, Page 5 -5.) 3.) The Special Use is physically suitable for the land in question because: The structure will remain residential in character, fitting into the neighborhood. The house can sustain a classroom of 8 children. -2- 4.) The Special Use will not be injuriously or adversely affect the adjacent land or property values because: The structure will remain residential in character and will increase or keep property values the same, since the proposed use is a school. 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. All utilities already exist. 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 for a small private school for developmentally challenged children. 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 reduced number of parking spaces required will improve the aesthetics of the area; instead of 6 parking spaces, the petitioner is only requesting 4 off street parking spaces. 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: The use and value of the area adjacent to the property will not be affected in a substantially adverse manner by allowing the less than required number of parking spaces. The reduced number of parking spaces will allow the office to have less of an impact on the neighborhood, visually. 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 number of parking spaces could not fit on the property. Additional yard would have to be paved to make room for more parking spaces. Recommendation: The department recommends positive consideration of Docket Nos. SU- 101 -03 and V- 134 -03 3