HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS
Hearing Officer DEPARTMENT REPORT
January 6, 2010
2d. 96th /Augusta Site Plan Ray Stair
The applicant seeks the following development standards variance approvals:
Docket No. 09110032 V Section 23C.08.03.A Side yard setback when adjacent
to residential
The site is located at 9641 N Augusta Dr. and is zoned B- 5/Business, within the US 421
Overlay. Filed by the Dept of Community Services on behalf of Hamilton County and Stair
Architecture.
1 General Info: The petitioner is to reduce the existing yard from 50
l i` x. feet, as required, to 15 feet to allow for right -of -way expansion. The
-4- ':I w_ site is 1.83 acres. Surrounding uses include primarily office and
i= t ,�r 4 3 t 1 retail, with some residential to the east and north.
l Analysis: Due to road improvements proposed by Hamilton County,
i' near 96 St. and Augusta Dr., the location of the current building and
1 r parking area at the south end of the site needs to shift and re- locate
j 1 x northward. It will be placed at the far northern end of the site. Due
j mil f 1- c. to the widening and realignment of Augusta Drive, the width of the
ak lots will be reduced, and the building will have a 15 -foot side yard
�r t L setback adjacent to a residential district. The location of the building
,1 :0. 4: and its proposed addition at the far north will buffer site to the north
4 I' '4 4,-;_. from the relocated parking lot, which will be immediately south of
1 o .f the building. The use to the north is a landscaping center. Once
relocated, the house and parking lot will be farther away from the
Aw- ri ',It-' dwelling to the immediate east.
Findings of Fact: Reduced side yard setback.
4. The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: it will allow for substantial right -of -way
improvements, and reduce any possible impact on the one adjacent dwelling.
5. 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 will allow for substantial right -of -way
improvements, and reduce any possible impact on the one adjacent dwelling.
6. 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: after improvements, the lot will not be
wide enough to accommodate the existing building or its proposed addition without the grant of
variances.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 09110032
V after all concerns have been addressed.