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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT September 27, 2010 2 -3h. 106 St Insurance Office The applicant seeks the following development standards variance and use variance approvals: Docket No. 10080007 UV Appendix A: Use Table Office use in R1/Residential District Docket No. 10080008 V Section 27.03.02 Curbless parking lot The site is located at 601 E 106 St on .28 acre and is zoned R1 /Single- family residential within the Homeplace Business District. Filed by Gordon Smith 4 i A -4 4 5,4 5. o ,I X^ l- 1 General Info: The petitioner would like to use an existing .1 1 "ri 1 1 dwelling as an insurance office. Surrounding uses include °.r 1 i residential to the south and east, and a mix of residential k, lt ,1 r "d c r and businesses to the north and west. The site is zoned s t. S d�� 9, Rl/Residence and is located in the Home Place Business w 4 w,� 4 t District Overlay, along 106 Street, just west of College y, Ave. r O i f Analysis: The dwelling is located in a subdivision, but N y." r q f x i_ft gains access from 106 Street. There is already a small 't. y par area, which the petitioner would,like to enlarge to ,Y a µt 1 ?,44: 44, :U vet. 1 .4 f, serve customers and employees. A small ground sign is T n 1 f ,4'4"1. 1 -4t• t 'il¢ proposed; if this petition is approved, the petitioner will file an ADLS application. Uses such as this are envisioned in the Business District. The scope would be similar to what would be permitted in a home -based occupation, and given that, and that there are already several similar businesses nearby, there is not likely to be a negative impact on adjacent properties, especially with regards to traffic. The Department does have a couple of concerns with the landscaping and site design. After discussion with the Department of Engineering and with Community Services, the petitioner has elected to pave the parking lot. The original variance request was for a gravel lot, but there were concerns with upkeep and dust. While the parking lot will now be paved, the petitioner has asked that he be allowed to eliminate the curbing required by Section 27.03.02, to facilitate runoff. The Department of Engineering has indicated that they have no concerns with the curb being eliminated, and the parking lot would be small enough that it would not provide a significant benefit one way or the other. The petitioner is planning on landscaping the edge of the parking lot to demarcate the space, and facilitate runoff and filtration of storm water. Landscaping details will need to be updated and provided to the Forestry Department. Their comments are as follows: 1) A Legend will need to show the species, size, and quantity of plant material. I would like to recommend evergreen shrubs for year round buffering around the parking lot, like Junipers or Yews. As for the trees, I would like to recommend native trees like the Tulip Tree or Bald Cypress. 2) Please add two additional trees to compensate the existing tree said to be preserved that has been removed, along with another tree that was removed on the site prior to any approval. There should have not been changes made to the landscaping prior to approval. General clean up does not include Tree and landscape removal. 3) I would like to see a full screen of shrubs around the existing building on the north and west sides where possible. 4) Please use the attached Carmel planting details used for all City of Carmel projects. These comments should be addressed by the petitioner at the hearing, along with plans to install a path or work with the Alternative Transportation Coordinator to contribute monies toward the Non Reverting Thoroughfare Fund. Also, the Hamilton County Highway Dept might require one of the curb cuts along 106 Street to be closed, to help with traffic flow' in that area. Overall, the Planning Department has no overall concerns with the proposed use. Findings of Fact: Use variance for office use on a residential property 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 house is in the Home Place Business District, and derives access from 106 Street rather than from within the subdivision. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed use and scale is similar to existing, adjacent businesses. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: the proposed use and scale is similar to existing, adjacent businesses. 4. The need for the variance arises from a natural condition peculiar to the subject property because: the house is in the Home Place Business District, and derives access from 106` Street rather than from within the subdivision. 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: paved parking area with no curbs 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the water will drain naturally into the yard, as it does with surrounding residential driveways. Also, the proposed landscaping will help absorb water runoff, which in turn, benefits the plants' health. 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 water will drain naturally into the yard, as it does with residential driveways. Also the proposed landscaping will help absorb water runoff, which in turn, benefits the plants' health. 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 addition of curbs will make the property look more commercial in nature, when it should look as residential as it can, to fit in with the character of the residential neighborhood that this lot is a part of. The addition of curbs might negatively affect the overall residential character of the site and immediate surrounding area. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 10080007 UV and 10080008 V, after all questions and concerns have been addressed.