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HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT May 24, 2004 Id. Kite Medical Office Complex The applicant seeks approval to eliminate the build-to lines on US 31 & Pennsylvania St. Docket No. 04040020 V 23B.08.01(C) Build-to lines Thc site is located northeast of 126th Street and US Highway 31, at the 13000 Block of N. Pennsylvania St. The site is zoned B-2/Business within the US 31 Overlay Zone. Filed by Mark Monroe of Drewry Simmons, Pitts & Vornehm for Kite Companies. General Information: The petitioner seeks approval for a variance from the US 31 Overlay Requirement that specifies certain build-to lines for buildings along US 31 Highway and Pennsylvania Ave. The site is located in thc Meridian Corporate Corridor. Background Information: The proposed building location is situated on the site in order to address the issue of the State's roadway improvements. The new improvements will likely take a significant amount of road right- of-way. The proposed building location, further than the 90-ft build-to line, will be a more suitable location. The Kite Medical Office Complex project was before the Plan Commission Special Studies Committee May 6, 2004 as Docket No. 04040014 ADLS Amend, with a vote of 4 to 0 for approval. At the Plan Commission meeting on May 18, 2004, the development plan was approved with a vote of 9-0. Excerpt from April 21 TAC Meeting: DOBOS[EWICZ: One outstanding issue with regard to an appropriate level of participation of the Developer to road improvements necessary to accommodate new development. HILL: We should arrange a meeting. The five feet walk to the north is that a sidewalk and go to the south property lot. SNELLING: It is a sidewalk. We understand the City's desire for consistence. DOBOSH~WICZ: We should stick with the same material to keep fi.om switching between sidewalk and path. If it is sidewalk it should be five. If it is asphalt then ten. GROVES: We will need a new service request called in, loading. We have power cable un the east side of Pennsylvania nothing on the west. My plan does not show proposed transformer location or metering. MONROE: There is a transformer on the north end of the building. GROVES: Will this be metered at the transformer? SNELLING: We will get with you on that. SHUPPERD: Gas? SNELLING: Probably. GAJOWNIK: An address has been assigned you will need to call Bill Akers (571-2586). Suite numbers will be assigned by floor designation moving from left to right by tens. BLANCHARD: Basement? SNELLING: No. BLANCHARD: Elevator? SNELLING: Yes. BLANCHARD: Contact Morris Hensley (571-2673) for a permit. Construction trailer? SNELLING: Yes. BLANCHARD: You will need a Temporary Use Application. On the south side the pad/stoop will need a walk to a public way. No building permits will be issued before the pre- submittal meeting. I have a checklist for the pre-submittal and commercial procedures. Be sure to have all the signatures before contacting our office to schedule meeting and issuance of permits within 10 days after pre-submittal. HOYT: We would like an enunciator panel for the alarm at least a remote at the front entrance. Provide Knox-box and caps on the building. As these phases go in we will want hydrants added. Will the last phase sit on the comer? SNELLING: Close to it. Are the hydrant locations shown okay? HOYT: Yes, and mirror image each phase all the way down. BREWER: I have not sent a letter yet. We did talk though. We have had species changes and I will get you comments on that. DOBOSII~WICZ: The offsite is that going to be in the private drainage easement or some type of temporary easement? MONROE: Yes. DOBOSIEWICZ: That is appropriate. Your plan identifies right-of-way as proposed.., we need you to dedicated that at the 4Sleet half consistent with the Thoroughfare Plan. I would like you to provide copies to the Plan Commission of your correspondence to the State along with a synopsis to the need of your changes. AKERS: Contact me for the address. ...END... Analysis: The subject property will have a difficulty, created by the Indiana Department of Transportation when the road improvements to US 31/Meridian Street are completed: the build-to line will then be too close to the highway, causing it to appear too close. The proposed setback will be more suitable to the site and to the Corridor. Findings of Fact: l.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The Plan Commission will approve the design and the layout of the building on the site. The variance will not have a negative effect on the community. US 31 road right-of-way must be used by the State for road improvements. It is not the petitioner's fault that this situation has occurred. 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 proposed setback will allow the building to be placed more appropriately on the site, paying attention to the road right-of-way along US 31 that will be converted to actual travel lanes and road shoulder. 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 usc of the property due to fact that that the US 31 road right-of-way must be used by the State for road improvements. It is not the petitioner's fault that this situation has occurred. Recommendation: The department recommends positive consideration of Docket No. 04040020 V.