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HomeMy WebLinkAboutDept Report 1-26-10 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT January 26, 2010 2h. PFM Car Truck Care Center The applicant seeks the following use variance approval: Docket No. 09120011 UV PUD Z- 500 -06 Vehicle repair not permitted in PUD The site is located at 1441 South Guilford Avenue on 6.45 acres and is zoned PUD. Filed by Jon Dobosiewicz of Nelson Frankenberger, LLC for Five J LLC. `c General Info: The petitioner is seeking the reuse of an existing ti T_ ,.E utility building for vehicle repair and service. Surrounding uses l am' tY ,I y''1. include residential, office, and retail uses, with a senior living center proposed to the immediate north. a o� r t Analysis: The site is part of a PUD per petition Z- 520 -08. The �j` PUD does not permit vehicle repair, which is one of the 1 4, primary uses requested by the petitioner. The site was Tow R r- previously zoned I -1, which does permit vehicle repair but ...f`! which was out of character for the surrounding area The ills v, r 1i6T 6S� E 1:i6a r- proposed uses would occupy the existing building with its MAY f maintenance bays, and add an addition of approximately 4,000 square feet. Because the site is highly visible from 116 and Guilford, additional buffering and landscaping will be added to help screen the site and uses. The maintenance bays' access is located at the rear of the site, and would be largely screened by the rest of the building, the existing berm and landscaping, and additional proposed landscaping. It is unclear what the intended function will be for the metal pole barn located in the northeast quadrant of the site. Initially it was suggested the pole barn and adjacent parking would be screened and access limited to the fenced area. Recently the plans have evolved such that the pole barn is now proposed to be used commercially, with customer access from the fenced area. The method and material for screening this area has not been resolved. This petition was reviewed and approved by the Plan Commission, under petition 09110040 this past month. While the use proposed is more intense than existing uses in the area, automobile repair if properly screened and operated could be a benefit to nearby residents and businesses. The re -use of the existing facility is good for the community and nature of the site should help mitigate most negative impacts. Findings of Fact Use variance 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: the nature of the site and its screening will mitigate the proposed use. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the nature of the site and its screening will mitigate the proposed use. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: the nature of the site and its screening will mitigate the proposed use. 4. The need for the variance arises from a natural condition peculiar to the subject property because: the site was rezoned to PUD two years ago, and the PUD prohibits vehicle repair, however, the proposed vehicle repair takes advantage of existing vehicle bays from the previous occupant and which will be used in a similar way. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: the use is compatible overall with the mix of uses recommended by the Comprehensive Plan. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 09120011 UV ,after all concerns have been addressed.