Loading...
HomeMy WebLinkAboutApplication CITY OF CARMEL CLAY TOWNSHI HAMILTON COUNTY, INDIANA f, FOR BOARD OF ZONING APPEALS ACTION lPR l7 APPLICATION tea ,4v0� DEVELOPMENT STANDARDS VARIANCE REQUEST U0 CS FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each additi nalisection of the`%)' ordinance being varied. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1) Applicant: L. Q 2Gl1 co Fite Ac L(-C- Address: 30 l4 2) Project Name: It L I( Phone: 76 Engineer /Architect: i 2 51- Phone: 7(9 Z57 7-, Attorney: i Phone: 3 *9s'` 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: 5) Record of Ownership: Deed Book No. /Instrument No. 0 001 fl 6 1q 3 -fig QL( Page: Purchase date: 3 l a a° °L( 6) Common address of the property involved: 7 a 611, ST S, t Legal description: e e 71 1 4} Tax Map Parcel No.: ((o 0 'j 02h, O w 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request). A' 4 Page 1 of 8 z:\shared \forms \BZA applications% Development Standards Variance Application rev. 01/05/2004 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance"). 9) Present zoning of the property (give exact classification): OLD 1 tik N)AI'(I 10) Size of lot/parcel in question: j acres 11) Present use of the property: ((711- b 02_ °t� 12) Describe the proposed use of the property: /14/A G fl 4 C 1- 77,41 57_,7 13) Is the roe Owner occupied P P �Y P Renter occupied Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. (/Life 6 L!i✓ 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was completed) Page 2 of 8 zAshared forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 THE SOUTH HALF OF LOT NUMBER SIXTEEN (16) IN WARREN AND PHELPS ADDITION TO THE TOWN OF CARMEL, HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF RECORDED IN DEED RECORD "H", PAGE 258 IN THE OFFICE OF THE RECORDER OF ~AMILTON COUNTY, INDIANA. Subject to taxes which shall be prorated between grantor and grantee and subject to all taxes payable thereafter. ATTACHMENT - SCHEME 'A' FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: THE PRIMARY INTENT OF THE 'WORK' IS TO RENOVATE THE INTERIOR FOR A PROFEESIONAL OFFICE SPACE (AS IS CURRENTLY THE USE) AND TO UPGRADE THE EXTERIOR FACADE TO A CONDITION SIMILAR TO WHAT THE CURRENT ORDINANCE REQUIRES AS 'CONTRIBUTING CHARACTER' WITHOUT RELOCATING THE BUILDING OR CHANGING THE ROOF DESIGN. 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: ESSENTIALLY, ANY POSITIVE AESTHETIC ARCHITECTURAL UPGRADE TO THIS BASIC BUILDING WOULD ADD VALUE TO THE COMMUNITY OF CARMEL AS A WHOLE, AS WELL AS THE ADJACENT PROPERTIES. SINCE NO ADDITIONAL LAND IS REQUIRED, THE ADJACENT USES ARE NOT AFFECTED BY THIS PROPOSED WORK. The stdct application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: THE PRIOR CLIENT AND TENANT OF THE BUILDING WAS 'MG CONSTRUCTION', WHICH INVOLVED NO RETAIL FUNCTION. THIS PARTICULAR USE DID NOT FIT THE PATTERN OF ACTIVITIES THAT WAS ENVISIONED FOR PROPERTIES IN THE MAIN STREET SUB AREA, THE INTENT IS FOR RETAIL, AND A MEANS TO BRING THEM THERE. THE CURRENT DESIGN OF THE BUILDING IS NOT OPEN OR INVITING FOR RETAIL. THE RETAIL FUNCTION, WHICH THE NEW CLIENT IS PROVIDING, NEEDS A FRONT FACADE SIMILAR TO WHAT HAS BEEN ASKED FOR IN THE ORDINANCE. THE ABILITY TO CREATE AN ATMOSPHERE CONDUSIVE TO SELLING IS PARAMOUNT TO ANY RETAIL BUSINESS. IT IS NOT PRACTICAL FOR ANY OPTICIAN TO SELL EYEWEAR FROM HERE WITHOUT AESTHETIC MODIFICATIONS. IT IS NOT PRACTICAL FOR ANY BUSINESS ENTITY TO BE REQUIRED TO INVEST IN 'WORK' THAT DOES NOT HAVE ANY CHANCE OF 'RETURN ON INVESTMENT' DUE TO LACK OF AREA TO BUILD ADDITIONAL SPACE FOR RENT OR INCREASED OPERATIONS, AND TO ACCOMOODATE THE ADDITIONAL PARKING SUCH A LARGER BUILDING WOULD REQUIRE ON SUCH A SMALL LOT SIZE- NOT ENVISIONED IN THE CURRENT ZONING ORDINANCE. ATTACHMENT-SCHEME'B' FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: THE PRIMARY INTENT OF THE 'WORK' IS TO ADD A SECOND FLOOR PRIVATE OFFICE/STORAGE/LAB TO THE EXISTING BUILDING FOOTPRINT, RAISE THE FIRST FLOOR VOLUME BY 2 FEET, AND TO RENOVATE THE INTERIOR FOR A PROFEESIONAL OFFICE SPACE (AS IS CURRENTLY THE USE) AND TO UPGRADE THE EXTERIOR FACADE (TWO-STORY) TO A CONDITION SIMILAR TO WHAT THE CURRENT ORDINANCE REQUIRES AS 'CONTRIBUTING CHARACTER' WITHOUT RELOCATING THE BUILDING. THE NEW ROOF SLOPE WILL CONFORM. 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: ESSENTIALLY, ANY POSITIVE AESTHETIC ARCHITECTURAL UPGRADE TO THIS BASIC BUILDING WOULD ADD VALUE TO THE COMMUNITY OF CARMEL AS A WHOLE, AS WELL AS THE ADJACENT PROPERTIES. SINCE NO ADDITIONAL LAND IS REQUIRED, THE ADJACENT USES ARE NOT AFFECTED BY THIS PROPOSED WORK. The stdct application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: THE PRIOR CLIENT AND TENANT OF THE BUILDING WAS 'MG CONSTRUCTION', WHICH INVOLVED NO RETAIL FUNCTION. THIS PARTICULAR USE DID NOT FIT THE PATTERN OF ACTIVITIES THAT WAS ENVISIONED FOR PROPERTIES IN THE MAIN STREET SUB AREA. THE INTENT IS FOR RETAIL IN THE FORM OF BUILDING MASS MORE THAN ONE-STORY. THE CURRENT DESIGN OF THE BUILDING IS NOT OPEN OR INVITING FOR RETAIL OR INCREASED REVENUE GENERATION. THE RETAIL FUNCTION, WHICH THE NEW CLIENT IS PROVIDING, NEEDS A FRONT FACADE SIMILAR TO WHAT HAS BEEN ASKED FOR IN THE ORDINANCE. THE ABILITY TO CREATE AN ATMOSPHERE CONDUSIVE TO SELLING IS PARAMOUNT TO ANY RETAIL BUSINESS. THE ABILITY TO PROVIDE FOR EXPANSION, ALLOWS THIS OWNER/OCCUPANT TO REMAIN IN THIS IMPORTANT LOCATION. IT IS NOT PRACTICAL FOR ANY OPTICIAN TO SELL EYEWEAR FROM HERE WITHOUT AESTHETIC MODIFICATIONS. IT IS NOT PRACTICAL FOR ANY BUSINESS ENTITY TO BE REQUIRED TO INVEST IN WORK' THAT DOES NOT HAVE ANY CHANCE OF 'RETURN ON INVESTMENT' DUE TO LACK OF AREA TO BUILD ADDITIONAL SPACE FOR RENT OR INCREASED OPERATIONS, AND TO ACCOMOODA TE THE ADDITIONAL PARKING SUCH A LARGER BUILDING WOULD REQUIRE ON SUCH A SMALL LOT SIZE- NOT ENVISIONED IN THE CURRENT ZONING ORDINANCE. Note: This expansion and exterior upgrade option was discussed with a City representative pdor to purchase of this facilily and no adverse reaction was expressed. ATTACHMENT - SCHEME 'C' FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: ANY TOTALLY NEW DEVELOPMENT ON THIS SITE IS NOT POSSIBLE WITHOUT OBTAINING CERTAIN VARIANCES, 'CREATIVE INTERPRETATIONS; OR A PUD REZONING DUE TO THE FRONT PROPERTY LINE LOCATION AND CONFLICTS BETWEEN THE OVERLAY ORDINANCE AND ZONING REQUIREMENTS. LACK OF A NEW BUILDING SETBACK, MIGHT NOT BE ACCEPTED FROM ADJACENT OWNERS. THE 'WORK' IS THEREFORE A NEW BUILDING WITH A PARTIAL THIRD-STORY, THAT ADDRESSES THE STREET WITH A COURTYARD WALL, YET THE MAIN FACADE IS SETBACK ACCORDING TO ADJACENT NEW DEVELOPMENT PROTOCOLS, AND IS OF A CHARACTER THAT IS CONTRIBUTING. THE BUILDING WALL SCREENING OF THE NEW WEST PARKING LOT IS AN ATTEMPT TO REMOVE PARKING FROM THE FRONT, MINIMIZE FIRST COST REDEVELOPMENT, AND PREPARE FOR FUTURE EXPANSION TO THE WEST, AT SUCH TIME AS THE CITY OR OTHERS MIGHT PROPOSE A COMMON PARKING SOLUTION FOR THE MAIN STREET BLOCK SW. 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: ESSENTIALLY, ANY POSITIVE AESTHETIC ARCHITECTURAL UPGRADE TO THIS BASIC BUILDING WOULD ADD VALUE TO THE COMMUNITY OF CARMEL AS A WHOLE, AS WELL AS THE ADJACENT PROPERTIES. SINCE NO ADDITIONAL LAND IS REQUIRED, THE ADJACENT USES ARE NOT AFFECTED BY THIS PROPOSED WORK. The stdct application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: THE CURRENT CONFLICTS BETWEEN THE OVERLAY GUIDELINES AND THE ZONING ORDINANCE FOR B-lIB-2 PROPERTY DEVELOPMENT, THE APPROVED PUD REDEVELOPMENT TO THE SOUTH, AND THE LACK OF A NEW R/W SETBACK ON THIS STREET OFFER NO AFFORDABLE SOLUTIONS FOR NEW DEVELOPMENT BASED ON CURRENT INVESTMENT STRATEGIES, UNLESS CERTAIN 'CREATIVE INTERPRETATIONS' ARE ALLOWED. IT IS NOT PRACTICAL FOR ANY OPTICIAN TO SELL EYEWEAR FROM HERE WITHOUT CERTAIN AESTHETIC MODIFICATIONS. IT IS NOT PRACTICAL FOR ANY BUSINESS ENTITY TO BE REQUIRED TO INVEST IN 'WORK' THAT DOES NOT HAVE ANY CHANCE OF 'RETURN ON INVESTMENT' DUE TO LACK OF AREA TO BUILD ADDITIONAL SPACE FOR RENT OR INCREASED OPERATIONS. IT IS NOT PRACTICAL ON THIS SMALL SITE FOR A NEW BUILDING TO BE PLACED FORWARD OF THE CURRENT POSTION AND STILL HAVE ENOUGH ROOM FOR REAR PARKING, AS THIS LOT DOES NOT HAVE ACCESS TO THE ALLEY OR NO ACCESS IS ALLOWED FROM IsT STREET ... UNLESS AS PROPOSED IN THIS SCHEME. LAUCK & CONWAY OPTIMr- f*RY Proposed Renovations and/or Expansion Options 30 1~ Street SW prepared by ID3A-Techn~ Kraft Apdl 2, 2004 Article 1: Zoning; Chapter 23D: Old Town District Overlay Zone; Character: Main Street District Sub Area Although this non-contributing structure and propen'y is in the Main Street Sub-Area, no current property on this street has the characteristics contained within the ordinance guidelines stipulated in 23D.03 (B). The buildings on the north side of this street are modem structures and are non-contributing one-story commemial structures. The single family homes to the south are designated contributing, are 1 or 2 story typically, and wood frame/sided. These properties are not currently part of the Redevelopment Commissions' proposal to the south. Our intent, is your intent, as paraphrased herein from 23D.03 (B): "the emphasis is on encouraging new construction and renovations that conform to the desired character and prohibiting changes that do not conform to the existing character." The following are how we plan to conform (red designates a variance request): SCHEME 'A' - Inter~ Renovation and Exterior Structural Re~aim/Maintenance Variances: ~6. Alterations and Additions - Repairs/Replacement Maintenance changes to south facade while maintaining the current site location. Repair and paint all other building facades. Infill existing openings and window openings on east and west facades. Re-roof building. 8. Setbacks - Not increasing first floor area. 11. SiRns and Awnings - Add new extedor building mounted signage and fabric awnings per the ordinance characteristics, while maintaining the current site location. 12. Parking and LoadinR - Make HC parking and landscape site changes while maintaining the current site location. SCHEME 'B' - Interior Renovat~on~ Structural Repaira~ and Second Floor Expansion Variances: 6. Alterations and Additions - Repairs/Replacement Maintenance changes to south facade while maintaining the current site location. Add a second floor area of from 1500-2351sf and raise first floor 2'-0" designed (of contributing character) while maintaining the current location. Tuck point, repair, and paint all other building facades. Infill existing entrance openings and window openings on east and west facades. Re-roof building if required. 8. Setbacks - Not increasing first floor area. 11. Signs and Awnings - Add new exterior building mounted signage and fabric awnings per the ordinance characteristics, while maintaining the current site location. 12. Parkin~q and Loadin.q - Make HC parking and landscape site changes while maintaining the current site location. SCHEME 'C' - New Structure Variances: 8. Setbacks - Allow a one-story historically designed false facade to set within 6" of the original property line, with a new three-story facade setback 15 feet from street edge. This new development would be per the current ordinance, while anticipating the PUD characteristics proposed by the redevelopment commission. 12. Parkin.q and Loading - Allow the west parking lot to be viewed 'as behind building' per the ordinance, until such time as the redevelopment commission implements a common intedor parking scheme for the block. Thereby the west parking can be in-filled with a new characteristic structure. SCHEME 'A' - Maio~ ,nterior Renovation and Exterior k~paire/Maintenance 1. Use: Existing site is Zoned B-2. Sub-Area Ordinance stipulates B-1. Do we need to change the Zoning? 2. Buildin.q Mass: Existing roof is double pitch at 3 % in 12. Mansard porch (poorly composed and maintained) covering is non-typical. We wish to remove mansard porch. 3. Materials: Existing exterior has non-contributing character with Concrete Masonry Units material - stack bonded. South Wall to be rebuilt, similar to old, though higher as a one-story parapet design. This construction will be of traditional Georgian Style face brick masonry, with pre-cast concrete stone accents, bandings, and coping. We want to rebuild this wall without moving entire building. 4. Windows, Doors: South wall is required to be removed in order to repair settlement in foundation, add control joints, and replace floor joists/sill plates due to condensation damage. New doors and windows will be storefront system. 5. Roof: Existing roof is double pitch at 3 % in 12 and to remain. New parapet will require addition of crickets (hidden) to better manage water to SW and SE corners of the structure. Non-conforming mansard porch to be eliminated in repairs for the south wall. 6. Alteration & Additions: It is our intent to substantially modify the south fac~.ade, in a series of required maintenance structural repair solutions. The work as a maintenance issue should allow the other existing elements to remain, even though they (the existing) are not in conformance with the guidelines. We would like the board to grant a variance for all of the exterior maintenance work proposed, without requiring relocation of building, since we view this work as required to repair and maintain the property per our inspection report. Any repairs made shall be designed to be contributing. 7. Details: a. The existing building does not have a cornice. The new south fagade will be fiat in nature with some storefront and special features as exposed steel pilasters and lintels. Co An articulated cornice shall be incorporated in the new parapet. 8. Setbacks: Waive front line setback. Existing building sets 32'-4" behind front property line. The current front property line is only 16'-6" away from centerline of road, allowing only a five foot buffer to 1st street. The redevelopment commission has proposed across the street to the SE, a new R/VV line at least fifteen feet from street edge. Meeting the original front property line guideline would cause remonstration. Return-on-Investment is disproportionate. No side setback minimums. The 5-foot side-yard and 0.9 foot rear-yard exists and we don't plan any changes. However, the zoning descriptions for B-1 and B-2 sites do not fit this site. 9. Entrances: a. Principal entrance shall remain on south front fagade. bo The existing east and west secondary entrances may be eliminated. c. We propose no rear entrance or windows. 10. Storefronts: 11. Si.qns & Awnin,qs: 12. Parkin.q and Loading: a. New storefront windows and entrance shall be illuminated from inside and outside awning lights. a. As there is 72 feet of street frontage, the maximum sign area is 32 sf. Building signs shall t'r{ within elements of design. Will comply. Existing parking is in-front of building, there are 8 spots, and the curb is cut full length of site. Site changes may be required to correct site drainage. b. Only 2 spots are required. We need to provide handicap accessibility, therefore a modification to existing locations is necessary. Will comply. COMMENTS: Client's second choice and least expensive option for development, as the intent would be to renovate for their new retail store and address significant structural damages assessed in the inspection report. The repairs would be placed in a fashion as to be contributing in character. SCHEME 'B' - Maior Interior Renovation, Structural Repairs, Second Floor Expansion 1. Use: Existing site is Zoned B-2. Sub-Area Ordinance stipulates B-1. Do we need to change the Zoning? 2. Building Mass: Remove existing mansard pomh and recompose exterior facades. Building mass and roof profiles to meet guidelines, location to remain. 3. Materials: Existing exterior walls on north, east and west to have CMU extended up two stories in current pattern and material - painted. South wall to be rebuilt entirely and extended to two-story design with a partial third story in synthetic stucco. This construction will be of traditional Georgian Style face brick masonry, with pre-cast concrete stone accents, bandings, and coping. We want to rebuild this wall without moving entire building. 4. Windows, Doors: Doors and windows to comply with storefront design on 1st, narrow style aligned on 2"d and third floors. No openings on facades which are within 5 feet of property lines. 5. Roof: Roof pitch shall be less than 3 in 12 and not readily visible from the front. Alteration & Additions: It is our intent to substantially modify the building to increase storage space and for future private office space, and to repair the damaged building structure. Generally to provide a building exterior that is contributing and aesthetically more pleasing. 7. Details: b.. Flat fagade. An articulated cornice shall be incorporated in the new parapet. 8. Setbacks: Waive front line setback. Existing building sets 32'-4" behind front property line. The current front property line is only 16'-6" away from centerline of road, allowing only a five foot buffer to Ist street. The redevelopment commission has proposed across the street to the SE, a new R/VV line at least f'rlteen feet from street edge. Meeting the original front property line guideline would cause remonstration. Return-on-Investment is disproportionate. No side setback minimums. The 5-foot side-yard and 0.9 foot rear-yard exists and we don't plan any changes. However, the zoning descriptions for B-1 and B-2 sites do not fit this site. 8. Entrances: a. Principal entrance shall remain on south front fa[:ade. b. The existing east and west secondary entrances may be eliminated. c. We propose no rear entrance or windows. 9. Storefronts: 11. Signs & Awnings: 12. New storefront windows and entrance shall be illuminated from inside and outside awning lights. a. As there is 72 feet of street frontage, the maximum sign area is 32 sf. The exterior sign shall be attached to the far,,ade awnings and proposed to be backlighted. c. Building signs shall fit within elements of design. d-e. Will comply. g. Storefronts to have fixed fabric awnings attached to building. Will comply. Existing parking is in-front of building, there are 8 spots, and the curb is cut full length of site. Site changes may be required to correct site drainage. Only 2 spots are required. We need to provide handicap accessibility, therefore a modification to existing locations is necessary. Will comply. Parking and Loading: a. COMMENTS: Client's first choice for expansion and development, as the second floor is for their own private office and storage use. SCHEME 'C' - New Structure For a site as ours, less than the required 7,000 sf mentioned for B-2 sites, there is no new building solution that can meet the current Overlay Guidelines and the Zoning requirements for Use, without having the special distinction as a PUD, obtain variances for relief of specific items, or allow interpretations of the guidelines that are considered 'creative'. 1. Use: 2. Buildin,q Mass: 3. Materials: 4. Windows, Doors: 5. Roof: 6. Alteration & Additions: 7. Details: 8. Setback: 9. Entrances: 10. Storefronts: 11. Si(~ns & Awnin(Is: 12. Parkin(~ and Loadinc~: Existing site is Zoned B-2. Sub-Area Ordinance stipulates B-1. Need either a B-1 zoning or a PUD See attached plans. See attached plans. See attached plans. See attached plans. None See attached plans. False front far,.ade within 6" of property line with major far.~,ade at 15 feet from street edge. This type of building composition tries to mediate the intend of figure 2a for determining common setback among existing buildings. See attached plans. See attached plans. See attached plans. New west parking area behind false front fac,.ade, meets intent, but will be temporary, waiting for future development of block. COMMENTS: A very expensive development option and goes toward a financial hardship for this Owner. The ROI is not of conventional statistical merit, as common parking is a limiting issue. Also, competes with other redevelopment resources being developed by the City. Future main street block redevelopment according to proposed commission plans, and future expansion of western portion of this site, does provide for some future ROI. It is still speculative in nature. ' I/ 11" 16'-6" EXISTING ,~2'- 4 5/z Exietlng OMU ~ Painted NO) O~ ~) "' 11" EXISTIN( IIII I__ Pre-C&$t Conc. CMU - allgneci NCO 0~: (~ "