HomeMy WebLinkAboutDept Report HEARING OFFICER
CARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
April 26, 2004
2-5d. Docket Nos. 04020026 V- 04020029 V Greyhound Commons, Phase II
The applicant seeks the following developmem standards variances'
04020026 V Sec. 6.2 of PUD' Z-344 minimum building height
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The site is located at the southwest comer of Greyhound Pass and E. 146th St. The site is zoned PUD-
Planned Unit Development. Filed by Paul Reis of Drcwry Simmons Pitts & Vornchm for Kite
Development Co, Inc.
General Information:
The petitioner will be constructing an Abuelo's Restaurant. The first variance is to allow the minimum
height of the buildings to be 25 ft instead of 30 ft. The petitioner proposes to use dark red letters for the
signage for the Abuelo's Restaurant, rather than the white letters as stated in the PUD. The rest of the
site will have white letters on each building. The petitioner is also requesting relief from the sign
ordinance (referred to in the PUD), which requires a 40 sq. ft. sign on the south elevation and a 75 sq
foot sign on the west elevation of the building. The petitioner is requesting 84 and 90 sq ft signs.
Background Information:
The petitioner has appeared before the Special Studies committee on March 2, 2004 and the item was
tabled until the March 30 Committee meeting. At the April 21 Plan Commission Meeting, the project
was approved 10-0.
Analysis'.
The site definitely has high visibility from US 431/Keystone Rd, especially with northbound traffic.
With the construction of the Clay Terrace shopping center across the highway, to the west, this site is
prime for Abuelo's' Restaurant. The lowering of the minimum building height by 5 feet is not an issue
for the Department, as long as there are architectural features, such as elongated cornices, that break up
the fa¢ade's height. The signs' color of dark red will add to the romantic flavor of the restaurant's
character. The sign sizes seem a bit too large for the building, and it recommended that an elevation is
produced which will show signs on the building that comply with the Sign Ordinance, in order for the
Hearing Officer to compare the scale of each sign to the building.
Findings of Fact: minimum building height
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: The variance approval will not be injurious
to the community because the minimum building height of 25 ft will allow buildings that are
closer to human scale. It might also allow Lowe's to be seen, still, from northbound US
43 I/Keystone.
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:
It is the Department's opinion that the use and value of the area adjacent to the property will
not be affected in a substantially adverse manner by allowing the reduced minimum building
height. The variance request is for 5 feet. Adjacent to the site are highway roads of many lanes.
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 strict application of the Zoning Ordinance may result in practical difficulties in the use of
the property due to the fact that a developer might not be able to afford the cost of building a
building that is 30 feet tall, but can afford the cost of a building that is 25 feet tall.
Recommendations:
The department recommends positive consideration of Docket No. 04020026 V.