HomeMy WebLinkAboutDept Report 12-13-04CARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
December 13, 2004
1-10h. 116th/Keystone Retail Shops
The applicant seeks the following development standards variances:
Docket No. 04080027 V
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Docket No. 04080029 V
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Docket No. 04080031 V
Docket No. 04080032 V
Docket No. 04080033 V
Docket No. 0~08002~ V
Docket No. 04080035 V
Docket No. 04080036 V
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Chapter 23A.02
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Chapter 25.07.02-9(b)
Chapter 26.04.05
60-ft front yard
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30-ft rear yard
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30-gt ~eenbelt adjacent to residence
120-ft front yard from US 431 WW
30-ft ~eenbelt along US 431
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number o f si~s
buffer yards
The site is located at the northeast comer of 116th St. and Keystone Ave. The site is zoned B-
3/Business within the US 431 Overlay. Filed by Steve Hardin of Bingham McHale for Eclipse Real
Estate, Inc.
General Information:
The applicant proposes to
redevelop the northeast comer of
116th Street & Keystone Ave in
order to construct an office/retail
building, which will possibly
contain a bank with a drive-thru
and a national coffee chain.
Background Information:
This item has been before the
Technical Advisory Committee
and the Special Studies
Committee.
Analysis:
Basically the entire site is being
utilized for building and parking
lot. There is little room for landscaping with the numbers the ordinance requires. Another reason is the
fact that after the owner dedicates road fight of way to the City, there is substantially less land to
develop on. The neighborhood to the north/east is concerned with noise issues, lack of buffer yard
widths, and with traffic flow at the intersection of Keystone and 116th Street. As it is today, this
intersection is very congested.
Findings of Fact: Greenbelt/buffer yards
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because:
While the buffer yard widths are reduced, the number of plantings will not be.
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'
While the buffer yard widths are reduced, the number of plantings will not be.
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 developer may not be able to balance providing a quality
redevelopment with the cost associated with the Ordinance-required buffers.
Findings of Fact: signage
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because'
The signage is done tastefully and placed in a way to direct traffic adequately.
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 signage is done tastefully and placed in a way to direct traffic adequately.
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 business will not be able to adequately advertise their location
presence.
Findings of Fact: setbacks
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because:
The dedication of road fight of way and the fact that the site has two road frontages lends itself
to being harder to meet setbacks.
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 dedication of road fight of way and the fact that the site has two road frontages lends itself
to being harder to meet setbacks.
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 developer may not be able to balance providing a quality
redevelopment with the cost associated with the Ordinance-required buffers.
Recommendation:
The Department recommends positive consideration of Docket Nos.04080027 V, 04080028 V,
04080029 V, 04080030 V, 04080031 V, 04080032 V, 04080033 V, 04080034 V, 04080035 V, and
04080036 V.