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CARMEL /CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
December 22, 2003
6h. Briar Creek, Block 1, Lot 11 (UV- 113 -03 #03110008)
The applicant also seeks the following use variance:
UV- 113 -03 #03110008 §6.1 permitted use
The site is located at 10495 Lakeshore Place. The is al.
Filed by John Smeltzer of Bose McKinney Evans site LLP for Aspen zoned S -2 /Residenti Prairie Homes.
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General
106TH ST Information:
awn.
Th ap plicant is
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1 seeking approval to
operate an elder care
9 a r home in a house in
the S -2 /Residence
k r a p +3�,-
4 zo district.
k Background
i t Information:
E xcerpt from Nov. 19
tiO TAC Minutes: "This
'4F�� a o
W is a residential home
P 2 Po being used for Elder
Care. This home
g
w: currently has four (4)
individual within the home with two (2) 24 -hour caregivers. There are no special needs
concerning utilities. The caregivers park their cars in the home. The individuals residing in the
home range in age from 67 -90 years of age."
Analysis:
The ordinance does not recognize the care of the elderly as a permitted or special use in
the S- 2/Residence Zone. However, a group home would be allowed by right.
Findings of Fact:
1.) The grant of this variance will not be contrary to the public interest, due to the
existence of special conditions(s) such that enforcement of the zoning ordinance will
result in unnecessary hardship because: The elder care home is not listed at all as
either a permitted or special use.
2.) The grant of this variance will not be injurious to the public health, safety,
morals, and general welfare of the community because: An elder care home will not be
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injurious to the community, especially when the exterior of the home will stay looking residential,
and the two employees park in the garage.
3.) The use or value of the area adjacent to the subject property will not be
substantially affected in any 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, due to the fact that an elder care home will retain its residential character, will
produce no excess noise or light, and can be considered an amenity to the neighborhood.
4.) The need for the variance arises from a natural condition peculiar to the subject
property because: There property is zoned S- 2/Residence, which does not allow an elder
care home as a permitted or a special use.
5.) The granting of this variance does not substantially interfere with the
Carmel/Clay Comprehensive Plan because: The Comprehensive Plan's Land Use Plan
shows the area around the proposed site to be Medium Intensity Residential. The use, as
approved, is not in conflict with the Comprehensive Plan for the area. The use is a home
that provides care to the elderly that reside in it.
Recommendation:
The department recommends positive consideration of Docket No. UV- 113 -03 with the
following conditions:
1.) The maximum number of occupants will be 4.
2.) There will be no signage.
3.) The exterior of the home will be kept residential in appearance.
4.) There will be parking by employees in drive or garage only.
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