HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS.
DEPARTMENT REPORT
September 27, 2004
24h. Weiss & Company, Inc
The applicant seeks thc following development standards variance:
Docket No. 04080037 V Chapter 26.04.05 buffer yard
The site is located at 320 S Range Line Rd. The site is zoned B-l/Business.
Filed by Dave Barnes of Weihe Engineering for Weiss & Company, Inc. ·
..
General Information:
The applicant seeks approval
for a reduced buffer yard
setback. The lot is located
near the Old Town Overlay
district.
Background
Information: The item
was heard before the
Technical Advisory
Committee on September 22.
Analysis'.
The petitioners can make
more of an effort to meet the
required number of plantings,
even thOugh the petitioner is
seeking a variance from buffer yard width. As of August 31, the petitioner does not show any plantings
along the north side of the property.
Findings of Fact:
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 buffer yard width should
not have a negative impact as long as the number of plantings within that reduced setback area
is met.
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 reduced buffer yard setbacks,
as long as the number of plantings within that reduced setback area is met.
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 property may incur practical
difficulties if it has to comply with the required buffer yard setback widths. This may cause the
owner to lose parking spaces and adequate traffic circulation on site.
Recommendation'.
The staff recommends positive consideration of Docket No. 04080037 V with the condition that
the number of plantings within the reduced buffer yard setbacks are met, per the numbers
required in the Ordinance.