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HomeMy WebLinkAboutDept ReportsCARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT August 23, 2004 1-2h. Carmel Lutheran Church- Expansion The applicant seeks special use amendment and development standards variance approval for a church expansion, located at 4850 East 131 st Street. Docket No. 04060002 SUA Chapter 5.02.A special use Docket No. 04060003 V Chaptcr5.04.03.F lot coverage The site is zoned S-1/Resience- Low Density. Filed by Larry Kemper of Nelson & Frankenberger. General Information: The petitioner is requesting a variance from the section of the ordinance that requires maximum lot coverage of 35% (includes building and parking lot areas) and is proposing greater lot coverage: 68% lot coverage. The petitioner also requests a special use amendment approval for a building addition/expansion and additional parking spaces, eastward on the site. Analysis'. The church exists today on this site, and has existing for many years. The building expansion is necessary to accommodate a growing community. The petitioner should be prepared to address the drainage and landscape issues. Findings of Fact: Special Use Amendment 1.) The Special Use in the Flood Plain District, Ordinance Z-160, Section 21.6 as amended does not apply and all prerequisites have been met by the Petitioner as verified by: The site does not lie within a floodplain per the FIRM map # 18057C0027 F, dated January 19, 2003. 2.) The Special Use will be consistent with the Character and the Permitted Land Use of the Zoning District and Carmel/Clay Comprehensive Plan because: the Comprehensive Plan lists uses that should serve and be accessible to neighborhoods, such as parks, schools, and neighborhood commercial centers (Comp. Plan, pg.5-5). A church is a compatible use. The church is expanding a use that is already on the site. 3.) The Special Use is physically suitable for the land in question because: The church is expanding a use that is already on the site. The Special Use will not be injuriously or adversely affect the adjacent land or property values because: The church is expanding a use that is already on the site. 5.) The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities or police or fire protection because' The Technical Advisory Committee has reviewed the site plan, drainage, and utilities, and all concerns have been addressed. The addition of a wet retention area should help with retaining water on-site. 6.) The Board has reviewed the requirements of the Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use' The Technical Advisory Committee has reviewed the site plan, drainage, and utilities, and all concerns have been addressed. Findings of Fact: lot coverage 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because' The church is expanding a use that is already on the site. 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 expansion and additional landscaping enhance the area. Also, the addition of a wet retention pond will help with some of the drainage problems in the 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 fact the petitioner will not be able to go over the 35% lot coverage, and may have to cut back on building square footage and/or the number of parking spaces provided, an may, ultimately have to move to a different site after becoming well-established in this area. Recommendation- The department recommends positive consideration of Docket Nos. 04060002 SUA and 04060003 V once the drainage and landscape issues are resolved. CARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT July 26, 2004 2-3h. Carmel Lutheran Missouri Synod Church - Expansion The applicant seeks special use amendment and development standards variance approval for a church expansion, located at 4850 East 1315t Street. Docket No. 04060002 SUA Chapter 5.02.A special use Docket No. 04060003 V Chapter5.04.03.F lot coverage The site is zoned S-1/Resience- Low Density. Filed by Larry Kemper of Nelson & Frankenberger. General Information: The petitioner is requesting a variance from the section of the ordinance that requires maximum lot coverage of 3 5% (includes building and parking lot areas) and is proposing greater lot coverage. The petitioner also requests a special use amendment approval for a building addition/expansion and additional parking spaces, eastward on the site. Analysis: The church exists today on this site, and has existing for many years. The building expansion is necessary to accommodate a growing community. The petitioner should be prepared to convey the proposed lot coverage percentage vs. what the Ordinance allows. Findings of Fact: Special Use Amendment 1.) The Special Use in the Flood Plain District, Ordinance Z-160, Section 21.6 as amended does not apply and all prerequisites have been met by the Petitioner as verified by: The site does not lie within a floodplain per the FIRM map # 18057C0027 F, dated January 19, 2003. 2.) 3.) 5.) The Special Use will be consistent with the Character and the Permitted Land Use of the Zoning District and Carmel/Clay Comprehensive Plan because: the Comprehensive Plan lists uses that should serve and be accessible to neighborhoods, such as parks, schools, and neighborhood commercial centers (Comp. Plan, pg.5-5). A church is a compatible use. The church is expanding a use that is already on the site. The Special Use is physically suitable for the land in question because: The church is expanding a use that is already on the site. The Special Use will not be injuriously or adversely affect the adjacent land or property values because- The church is expanding a use that is already on the site. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities or police or fire protection because' Thc Technical Advisory Committee has reviewed thc site plan, drainage, and utilities, and all concerns have been addressed. 6.) The Board has reviewed the requirements of the Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: The Technical Advisory Committee has reviewed the site plan, drainage, and utilities, and all concerns have been addressed. Findings of Fact: lot coverage 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because' The church is expanding a use that is already on the site. 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 expansion and additional landscaping enhance the 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 fact the petitioner will not be able to go over the 35% lot coverage, and may have to cut back on building square footage and/or the number of parking spaces provided. Recommendation: Thc department recommends positive consideration of Docket Nos. 04060002 SUA and 04060003 V. CARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT July 26, 2004 3-4h. Carmel Lutheran Missouri Synod Church- Expansion The applicant seeks special use amendment and development standards variance approval £or a church expansion, located at 4850 East 131st Street. Docket No. 04060002 SUA Chapter $.02.A special use Docket No. 04060003 V ChapterS. 04.03.F lot coverage The site is zoned S-1/Resience- Low Density. Filed by Larry Kemper o£Nelson & Frankenberger. General Information: The petitioner is requesting a variance from the section of the ordinance that requires maximum lot coverage of 35% (includes building and parking lot areas). The petitioner is proposing greater lot coverage. The petitioner also requests a special use amendment approval for a building addition/expansion and additional parking spaces, eastward on the site. Background Information' ~x~ Analysis: The church exists today on this site, and has existing for many years. The building expansion is necessary to accommodate a growing community. Findings of Fact: Special use amendment 1.) The Special Use in the Flood Plain District, Ordinance Z-160, Section 21.6 as amended does not apply and all prerequisites have been met by the Petitioner as verified by: The site does not lie within a floodplain per the FIRM map # 18057C0027 F, dated January 19, 2003. 2.) The Special Use will be consistent with the Character and the Permitted Land Use of the Zoning District and Carmel/Clay Comprehensive Plan because: the Comprehensive Plan lists uses that should serve and be accessible to neighborhoods, such as parks, schools, and neighborhood commercial centers (Comp. Plan, pg.5-5). A church is a compatible use. The church is expanding a use that is already on the site. 3.) The Special Use is physically suitable for the land in question because: The church is expanding a use that is already on the site. 4.) The Special Use will not be injuriously or adversely affect the adjacent land or property values because: The church is expanding a use that is already on the site. 5.) The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities or police or fire protection because: The Technical Advisory Committee has reviewed the site plan, drainage, and utilities, and all concerns have been addressed. 6.) The Board has reviewed the requirements of the Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: The Technical Advisory Committee has reviewed the site plan, drainage, and utilities, and all concerns have been addressed. Findings of Fact: lot coverage 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The church is expanding a use that is already on the site. 2.) 3.) 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 expansion and additional landscaping enhance the area. ~ The strict application of the terms of the Zoning Ordinance to th property will result in practical difficulties in the use of the property because: The strict application of thc Zoning Ordinance may result in pract~e~fficulties in the usc of the property due to fact thc petitioner will not be able to go ovc~ ~3c)35% lot coverage, and may have to cut back an building square footage and/or the numbe~ of pj~rking spaces provided. Recommendation' The department recommends positive consideration of Docket Nos. 04060002 SUA and 04060003 V.