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HomeMy WebLinkAboutDept Report 09-26-11 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT I SEPTEMBER 26, 2011 2 (SU, V) Lubavitch of Indiana Worship Center The applicant seeks the following special use amendment and development standards variance approvals: Docket No. 11050019 SU Amend ZO Ch. 5.02 Religious Use in Resi District. Docket No. 11060016 V ZO Ch. 5.04.03.E Minimum lot width, 200 feet. Docket No. 11060017 V ZO Ch. 26.02.08 25 -ft side yard setback for religious use. The site is located at 2640 W. 96`h Street and is zoned S1/Residence. Filed by E. Davis Coots of Coots Henke Wheeler, PC for Lubavitch of Indiana. v General Info: The petitioner is back before you to seek re- Ol approval. This worship center petition was ,,f a m s roved in 2007. However, since more than 3 o years has gone by, the special use approval t S EE N -�EE� has expired, per the special use chapter of the i zoning ordinance addressing time limits. A z z GLEN ABBE 6. variance is also required for not having at least D 200 -ft of frontage for this non single family o m o N use. The lot width proposed is 135.88 feet. n The second variance being sought is for the z worship center to have a 20 ft side yard w z x f.� setback from the west property l instead of 6 z z Ni1IRFIE WAY o the required 25 -ft setback. If this were a z r m (j H house, the side yard setback could be 10 -ft. m n i.i Pl v the petitioner's info packet for O7 96 St. more detail. Analysis: The slightly modified layout and drive location is more curvilinear and undulating. A place of worship is a complementary use to a residential area, according to the Carmel Clay Comprehensive Plan. Just east of this site is College Park Baptist Church, and just west of this site is Green Tree Country Club Estates residential subdivision. 96 Street is considered a residential parkway. Findings of Fact: Special Use 1. The premises in question is particularly physically suitable for the proposed Special Use because: the site is undeveloped and is located in a rapidly growing resident area, where a complementary use (place of worsh may be necessary. The petitioner is seeking re- approval for this use, which was approved in 2007. 2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: Places of worship are complementary uses to residential areas, since they are usually low impact and generally non- invasive. The synagogue will also be located on 96` Street, a major east/west corridor. The petitioner is seeking re- approval for this use, which was approved in 2007. 3. The Special Use will be consistent with social/neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: the synagogue will fit into the context of the area, being adjacent to an existing church, single fam residential subdivision, and multi family dwelling units south of 96 Street. The petitioner is seeking re- approval for this use, which was approved in 2007. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: utilities are in place since residential areas and a church surround the property. The petitioner is seeking re- approval for this use, which was approved in 2007. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: a pedestrian/bike path will be created along 96 Street, per the Alternative Transportation Plan. The traffic flow will be accommodated by on -site parking site design and with 96 Street road improvements by the City. The petitioner is seeking re- approval for this use, which was approved in 2007. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1 -26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: the synagogue complies with all criteria. The petitioner is seeking re approval for this use, which was approved in 2007. Findings of Fact: lot width 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the lot width requirement is short by 64 feet. The lot has been this size since created, where a house used to be on this parcel. The site plan layout adequately addresses the lot width and appropriate setbacks and landscaping are still met. 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 lot width requirement is short by 64 feet. The lot has been this size since created where a house used to be on this parcel. The site plan layout adequately addresses the lot width and appropriate setbacks and landscaping are still met. 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 synagogue will not be able to locate at this site, which is adjacent to 96 street, a. good location for vehicular access, and adjacent to an existing church. The place of worship will have to re- locate to another site, which may hinder the congregation. Findings of Fact: side yard building setback for a church 1) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The deviation is 5 feet. Adequate landscaping/buffering will be provided. 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 deviation is 5 feet. Adequate landscaping/buffering will be provided. 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 synagogue might not be able to locate at this site, which is adjacent to 96 street, a good location for vehicular access, and adjacent to an existing church. The place of worship will have to re- locate to another site, which may hinder the congregation Recommendation: After all comments concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket Nos. 11050019 SU Amend, 11060016 V, and 11060017 V.