Loading...
HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT April 26, 2004 7-12h. (#04020020 UV through #04020025 V) Main & Guilford Plaza The applicant seeks the following use variance approval: Docket No. 04020020 UV Ch. 20G.05.04.A.4 permitted uses The applicant also seeks approval of the following development standards variances: Docket No. 04020021 V Ch.20G.05.04B(2)(a) front setback Docket No. 04020022 V Ch.20G.05.IMB(3)(a) building footprint Docket No. 04020023 V Ch.20G.04.06 landscape requirements Docket No. 04020024 V Ch.25.07.02-09 number of signs per tenant DocketNo. 04020025 V Ch.25.07.01-02 multi-level ground floor bldg The site is located at the southwest comer of Main Street and Guilford Rd. The site is zoned OM/MF-Old Meridian District, Multi-family Zone (pending OM/MU rezoning). Filed by Joseph Calderon of Ice Miller for Main & Guilford Plaza, LLC. General Information: In addition to requesting a use variance for mixed- use retail/office complex, including an auto service/repair (no fuel) use, the petitioner is requesting multiple variances in order to build a multi-level multi-use commemial building. The variance requests are for reducing the front building setback from 10 feet to 4 feet, constructing a 7080 sq ft building instead of an 8000 sq it, a reduction in landscape requirements, allowing one tenant to have two signs (only I road frontage), and the have this building considered as a multi-tenant ground floor building instead of a multi-tenant multi-level building in order to get the signage they want and/or need. Background Information: The applicant is seeking the use variance in order to have tenants in his building for a cart, deli, coffee shop, art gallery, catering shop, and an auto/repair (no fuel) use. The ADLS application (Docket No. 04020008 ADLS) for this project has appeared before the Technical Advisory Committee at the February 18, 20004 meeting. At the April 21 Plan Commission meeting, the project was approved with a vote of 10-0. Analysis: The concept of this project is a good one: create a mixed-use building within the Old Meridian Overlay. It will even cater to local entities, such as the Schools to the south. The proposed uses would be an amenity to the area, and it would be located at the intersection of two fairly well traveled roads. Light shields would be requested so that the neighbors do not have great light pollution. The reduction in landscaping is a concern and the Department will work with the petitioner in order to increase the density of landscaped areas. The variance for a tenant having two signs is not favored upon. Findings of Fact: Front setback 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: y producing an eyesore with too many signs on such a narrow property. The front setback of the building will not be injurious to the community. In the Old Meridian District, buildings are preferred to be closer to the street so that parking lots can be hidden behind them. 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 building to be pulled closer to the streets. The layout of the site will add character to the Old Meridian district in a manner that is set forth in the Zoning Ordinance. 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 the parcel is small to begin with. A building and parking, as required by the ordinance, might not be able to bc built on this site. Findings of Fact: building footprint 1.) The approval of this variance will not be injnrious to the public health, safety, morals, and general welfare of the community because: The ordinance calls for an 8,000 square- foot building in this district; the petitioner is proposing a 7,080 square foot building. This is only a 920 square foot deficit. This reduction in building size will not be injurious to the community. 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 numerous signs. The parcel size is small and thus hinders the size ora building that can be placed upon it. 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 placing a building that follows the ordinance might not fit on this size parcel. Findings of Fact: landscape requirements 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The reduction in landscaping will not be injurious to the community. The petitioner may be able to plant a greater amount in his planning areas, in order to increase the density of vegetation, even though the size of the parcel may restrict the size of the planting area. 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 a reduction in landscape planning area. The petitioner can address this by increasing the density of plantings within each planting area. 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 the size of the parcel, building placement and size, and parking requirements produce less area for planting vegetation. Findings of Fact: 2ad tenant sign 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: Our sign ordinance only allows one sign per road frontage. In this case, only one sign is allowed. The two signs will affect the general welfare of the community by producing an eyesore on the site with too many signs on such small property with a multi-use building on the site. An exempt sign could be less than 3 square feet. 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 be affected in a substantially adverse manner by allowing two signs. The size of the sign on the rear of the building might affect the neighboring properties that have to look at it. An exempt sign could be less than 3 square feet. 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 will not result in practical difficulties in thc use of thc business due to the fact that only one sign will direct passersby and another exempt sign of less than 3 square feet could direct patrons parking in the rear of the multi-use building. Findings of Fact: multi-tenant ground floor building 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The Old Meridian District promotes mixed use development. The consideration as a multi-tenant ground floor building will allow the type of signage that is necessary for a mixed-use building: one sign per tenant and identification signs that show the complex's name. 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 multi-tenant ground floor building classification. The site lends to being classified as this, in order to have signage for all of the tenants in the mixed- use building. 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 the number of signs needed by the mixed use building will not be allowed, causing many sign variances to be files for this site in the future. 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 conditions(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: The parcel exists in the Old Meridian District, created in 2001, envisioned to be a growth area for Carmel with coordinated, quality development with innovative site design to promote a sense of place. The proposed uses will comply with this district. 2.) The grant of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The use variance will not be injurious to the community because it has been designed to compliment the district that it is in and contributes to the vision for that area of Cannel. The proposed development will also follow the purpose and intent of the Old Meridian District. 3.) The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The adjacent properties will not be affected in an adverse manner. The use and value of the area adjacent to the property will increase because this proposed use is improving the area. Before this use existed a vacant building that used to be used as an auto service station. 4.) The need for the variance arises from a natural condition peculiar to the subject property because: The parcel is within the Old Meridian District, created after the existence of this parcel of land. The petitioner is willing to comply with the intent of the Old Meridian District, but needs the Use Variance is order to create the missed-use building in this zone. 5.) The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The Comprehensive Plan's Land Use Plan shows the area around the proposed site to be a Low Intensity Regional/Community Employment Area. The use, as approved, is not in conflict with the Comprehensive Plan for thc area. It swill serve the community, located near where regional access is available, and will be a two-story building (Comp Plan 5-23 to 5-25). Recommendations: The department recommends positive consideration of Docket Nos. 04020020 UV, 04020021 V, 04020022 V, 04020023 V, and 04020025 V with the following condition: -Landscape areas will have a higher density of plants to compensate for less area. The department recommends negative consideration of Docket No. 04020024 V.