HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS
JUNE 27, 2011 DEPARTMENT REPORT
1. (UV) 120 Third Street NW preschool Mi Escuelita.
The applicant seeks the following use variance approval for a small preschool land use on a residential
property:
Docket No. 11050002 UV ZO Ch. 8.01: Permitted Uses.
The site is located at 120 Street NW. It is zoned R- 2/Residence and lies within the Old Town
Overlay, Character Subarea. Filed by Giovina Cecili of Mi Escuelita, Inc.
4, w n 1P t 460.--,.,,,k General Info
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n a e k h,� f d� R Analysis:
The petitioner seeks use
i �,f P °0 P,. variance approval A x ,x t r d Y A fi pp roval in
W r d" �j �w' a`,y k r Y 11 d order to Operate a very
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1������� small bilingual Spanish
r ,0 RV r4", t�. 4 t i ���a y daycare/preschool on a
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p ,'M residential property.
i
w. °R� 'A''.4,-;4=4,i!,0 r T will be no more
t 4'+a y d "u' R. Iti .a fib v
�t R ly :4 5 than 5 students per
0 M p teacher, and there are 2 1.1
st' teachers. The z petitioner
a 4'4'7 i 3rd fz
p
e s t, s it t *u t proposes, for now, to
q s 1 o n l h ave mornin
vei �k 1 ry sessions about 4 hours
t r l 4 i a long. The morning
b A, p 1rn �j T 1
ti, t f ,g ,0 s s �x session is from 8:30 am
t er fR`,.�' �`tiN4 At a u� to 11:30 am, and the
4 ek �f° g s4, T a session is
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'u t 7' k from noon to 3pm. Pick
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u and drop off service
is provided, so that the
parents do not have to park and bring their children inside. Teachers will park on the existing driveway beside the
house. The Carmel Clay Comprehensive Plan does support this use, adjacent to urban residential areas. Also, the
Old Town Overlay does support the mix of residential, commercial, and office uses. Please see the petitioner's
informational packet for more detail.
Findings of Fact:
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:. While a daycare is not a permitted use, a preschool or kindergarten is viewed
more favorable as a special use. This use will be very small in scale and blend in with the
neighborhood. While the Overlay District does not exclude the use, the underlying zoning of R -2
does.
2. The grant of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: This use will be very small in scale and blend in with
the neighborhood. This can be viewed as an amenity for the immediate neighborhood and for Old
Town as a whole.
3. The use or value of the area adjacent to the subject property will not be substantially affected
in any adverse manner because: This use will be very small in scale and blend in with the
neighborhood. This can be viewed as an amenity for the immediate neighborhood and for Old
Town as a whole.
4. The need for the variance arises from a natural condition peculiar to the subject property
because: While the Overlay District does not exclude the use, the underlying zoning of R -2 does.
And, while a daycare is not a permitted use, a preschool or kindergarten is viewed more favorable
as a special use. This use will be very small in scale and blend in with the neighborhood.
5. The granting of this variance does not substantially interfere with the CarmeUClay Comprehensive
Plan because: The Carmel Clay Comprehensive Plan does support this use, adjacent to urban residential
areas.
Recommendation: After all concerns have been addressed, the Dept. of Community Services recommends
positive consideration of Docket No. 11050002 W.