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HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT June 28, 2004 Warren and Phelps Addition, lot 16 pt - Optical Office The applicant seeks the following development standards variances: Docket No. 04040021 V Chapter 23D.03.B.8.a from building setback Docket No. 04040022 V Chapter 23D.03.B. 12.b no parking on site The site is located at 30 1st Street SW. The site is zoned B-2/Business within the Old Town Overlay, Main Street Sub-area. Filed by Brad Subrin for Leechco Properties, LLC. General Information: The petitioner would like to renovate an existing building in the Old Town - Main Street sub-area to become an optometry office. Thc first variance approvals needed is for the front building setback, which is required to be at the property line, except for recesses for outdoor seating or entryways. Thc second variance approval needed is for the parking lot location, which is required to be in the rear of the property. Thc third variance request is for the buffer yard requirements. The last two variance requests apply to signage: the number of signs and the total square £ootage allowed. Background Information: The building sits on a half-lot on 1st Street SW in Old town. The only parking owned by the property owner is that which sites right in front of the building. The adjacent parking lots are owned by the adjacent businesses. Currently the building has structural problems and needs a face-lift. The property owners have met with Les Olds of the Carmel Redevelopment Commission (CRC) and the Mayor to seek advice on building design The ADLS Amendment for this project was granted at the June 1, 2004 Special Studies Committee meeting with a vote of 4-0. (Excerpt from May 19 TAC meeting minutes): Comes now Warren and Phelps Addition, Lot 16 - Optical Office. The applicant seeks 2 development standards variances. The site is located at 30 1st Street SW. The site is zoned B-2/Business within the Old Town Overlay, Main Street Sub-area. HOYES: I faxed you a letter. We need a site plan 24 x 36. We will need non-enforcement for drainage across the street. GROVES: Fill out a request for new serve upgrade, loading, site plans 24 x 36 and auto-cad. It appears you have overhead from the south. LAUK: 2/220 each. GROVES: Will stay that way? LAUK: No and 400 is too much. GROVES: 120/220 single phase overhead service? SHUPPERD: You have gas to building setup. LAUK: No. SHUPPERD: We show you do. We have gas at the street. We can go up the east side of the building. BROERMANN: No comments. HILL: I faxed comments yesterday to you. SOUTH: Due to the size and location of the site and erosion sediment control issues will be addressed by the City of Cannel. AKERS: No comments. HOYT: I sent you a comment letter $. Lank. Will you provide a fire alarm or will the building be sprinkled? LAUK: No. HOYT: We would like a Knox-box installed. BREWER: Planter boxes used in areas where there is no planting roon~ The boxes are being used by Shapiro's, Clay Terrace, and Providence. You can get them from Sunesis of Cincinnati. I suggest in place of shrubs use a small txee. Do not plant evergreens in planters they do not last. I do suggest structural soils bridged with sidewalk or path concrete or stones. Plant smaller trees that grows more upright. SHINAVER: Two variances, front setback and no parking onsite. DOBOSIEWlCZ: Department is in support of those. Put together a commitment for additional right-of-way and maintenance for landscaping along with Setback for front yard. You can dedicate to fi:ontline, no beds in right-of-way. We want to see canvas on the awning. LAUK: What about fabric? DOBOSIEWlCZ: Canvas please. BLANCHARD: Someone will need to contact Morris Hensley at 571-2673 for a possible well pen'nit for the elevator. A pre-submittal meeting will be required. No building permit will be issued before the pre-submittal meeting. You may get a copy of pre-submittal checklist and Commercial procedures on our web site www.ci.carmel.in.us Make sure you have all agencies approvals prior to contacting Sarah Lillard for your pre- submittal meeting Slillard@ci.carmel.in.us After your pre-subminal meeting it is normally 10 days before your company will be issued a penn/t. *Please contact Jim Blanchard at 571-2450 or jblanchard@ci.carmel.in.us for any additional comments or concerns in regards to this project. END. Analysis: The renovation of this building would be pleasing for Old Town. The use proposed, and optical office, fits in the context of the down town area of window displays, convenient shopping, and small shops. The site has a unique situation where it only has about 8 parking spaces in front of the building. The other parking around the site is owned by other businesses. Reduction in the buffer yard requirements is an issue because landscape is a vital part of a successful downtown. Findings of Fact: building setback 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The petitioner is basically remodeling an existing building, currently located behind the required further back from the build-to line. The Old Town Overlay ordinance was in effect after this building was erected. 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 use and value of the area adjacent to the property will not be affected in a substantially adverse manner by allowing the building setback. The city will be acquiring necessary mad right of way for an expansion project, anyway. 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 fact that the property owner will not be able to renovate the existing building on the existing building setback. The owner would have to build a building addition, which would come to the front property line, but this would interfere with the City's road expansion plan. Findings of Fact: no parking on-site 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the required parking for this building is only 2 parking spaces. Once the City improves the street and provides on-street parking; patrons to this site will still be able to find a place to park. 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 character of Old Town allows for shared parking lots and on-street parking. The lax parking requirements also allow for fewer parking spaces to be required. Having no parking spaces on-site will not harm the adjacent properties. The existing parking spaces will be redesigned after the City uses the right of way for the road improvements. 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 fact that the property owner will not be able to provide the necessary parking spaces after the city uses the existing parking spaces for the necessary road improvements, which will include on-street parking. Recommendation: The staff recommends positive consideration of Docket Nos. 04040021 V and 04040022 V with the following condition: 1. that road right-of-way is dedicated, per the road improvement plan; and 2. that there is a written agreement to dedicate additional road right-of-way up to the face of the building, at the request of the City, in the future, if needed for the future road project.