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HomeMy WebLinkAboutDept Report 01-26-10 BZA3 -6h. Meridian Pointe The applicant seeks the following use variance and development standards approvals: Docket No. 09120012 V 20G.05.05.B Increased front yard setback Docket No. 09120013 V 20G. 05.05.B.3 Increased building footprint Docket No. 09120014 V 26.05 Decreased bufferyard Docket No. 09120015 UV Appendix A: Use Table Multifamily in OM /O District The site is located at 12346 Old Meridian on 6.25 acres and is zoned Old Meridian/Office District. Filed by Mary Solada for Carmel Development I, Inc. CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT January 26, 2010 General Info: The petitioner is requesting permission to construct one multifamily building in the Old Meridian Office District, and eventually construct a total of two buildings with a larger footprint, and decreased front yards and bufferyards. Surrounding uses include hotels, office and retail, multifamily residential and a retirement community The requested variances are for the residential building only. Analysis: The site plan submitted shows two buildings on this wedge shaped parcel. The building at the southern tip is anticipated to be an office building, while the building located half -way back on the wedge is roughly L- shaped, and would be apartments. The development standard variance requests arise from both the nature of that building and the configuration and size of the lot. Because this district permits only office and related accessory uses, it does not anticipate large residential buildings such as the one proposed. Additionally, the petitioners have requested relief from the front yard setback requirement to provide parallel parking, subject to approval by the Department of Engineering, along both Old Meridian Street and Pennsylvania Street. While this District does not permit multifamily uses, the requested use would not be out of character for the area, and is in keeping with the proposed SmartCode rezoning for this area. Providence at Old Meridian is adjacent to the northeast, and Sunrise senior living center is adjacent to the southwest. While the primary entrance to the building would be interior to the site, secondary entrances would be provided on Old Meridian Street and facing south to the proposed office building. The building would provide complete frontage along Old Meridian Street, and a mix of frontage and parking along Pennsylvania Street. While the proposal does not meet the requirements of the Overlay District with regards to use, and building size and setback, it meets the intent overall of creating an urban mixed -use district, including a number of new residents who may help support existing businesses along Old Meridian and US 31. 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: there are other multifamily uses adjacent, and the overall District and C3 plans call for an urban mixed -use environment. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: there are other multifamily uses adjacent, and the overall District and C3 plans call for an urban mixed -use environment. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: there are other multifamily uses adjacent, and the overall District and C3 plans call for an urban mixed -use environment. 4. The need for the variance arises from a natural condition peculiar to the subject property because: the District requires office uses at this location, but recommends an overall mix of uses. The site is triangular and providing adequate parking for office uses could be difficult without the grant of a variance. 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. Findings of Fact: Increased building footprint 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the development would be similar to adjacent, existing residential complexes. 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 development would be similar to adjacent, existing residential complexes. 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 configuration of the site would limit the ability to construct multiple smaller buildings and provide adequate parking. Findings of Fact: Decreased front and buffer yards 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: additional street parking will be provided, and the requested reductions represent minor deviations. 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: additional street parking will be provided, and the requested reductions represent minor deviations. 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 size and shape of the lot limit building and parking placement. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 09120012- 14 V and 09120015 UV after all concerns have been addressed.