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HomeMy WebLinkAboutDept Report 01-26-10 09120029 UVCARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT January 26, 2010 33 -35h. Convenience Centers 808 W Main The applicant seeks the following development standards and use variance approvals: Docket No. 09120029 UV Appendix A: Use Table Gas station in OM/MU District TABLED UNTIL MARCH 22 i C r n LT 1 1 1 1 1 The site is located at 808 West Main Street in the OM /MU District on 1.75 acres. Filed by Eric Harvey of Tharp Investments. General Info: The petitioner is requesting to reuse a site for a fueling station and convenience store. Surrounding uses include residential to the north and east and retail commercial to the south and west. The petitioner also has two variances on file for signs, however, the requests have been tabled to allow the petitioner and the Department to develop an appropriate sign package for the site. Analysis: This site previously had a gas station with three pumps. Just over a year ago, the station was closed and the tanks removed with attendant site mitigation. The site was closed too long to be considered grandfathered, and fuel stations are not permitted in the Old Meridian District. The petitioner would like to replace the tanks with double walled tanks, and install four fuel pumps. The previous pumps were perpendicular to the street; the proposed pumps would be at an angle, in approximately the same location. The new pump would be at the southwest corner of the site. The building itself would not change. While the Department supports the request to reopen the fuel station overall, there are some concerns with maneuvering through the site, particularly for fuel trucks. The proposed fourth pump reduces the room available for fuel trucks to maneuver, and increases the amount of traffic on the site. While the angled design will help traffic flow, the Department strongly suggests removing one of the pumps, to provide more room for vehicles and fueling trucks to safely maneuver. 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: it will be a reinstatement of a use that had existed at the site for many years. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: it will be a reinstatement of a use that had existed at the site for many years. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: it will be a reinstatement of a use that had existed at the site for many years. 4. The need for the variance arises from a natural condition peculiar to the subject property because: the basic infrastructure for a fueling station remains at the site. 5. The granting of this variance does not substantially interfere with the CarmeUClay Comprehensive Plan because: the use is compatible overall with the mix of uses envisioned by the District, and had existed at the site for many years. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 09120029 UV after all concerns have been addressed.