HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
November 22, 2004
16-21h. Kentucky Fried Chicken/Lo
The applicant seek .... , ...... ng John Silver's
s d,-*c,upment standards variances:
Docket No. 04100007 V
Docket No. 04100008 ¥
Docket No. 04100009 V
Docket No. 04100010 ¥
Docket No. 04100013 V
Chapter 26.04.05 buffer yard requirements ~ ~
Chapter 19.06 30-ft greenbelt ,,,/~~~
Chapter 25.07.02-09.b number of signs & type.
Chapter 25.07.05 menu board area, height & number of
Chapter 19.04.02 front yard setback
Docket No. 04100015 V Chapter 25.07.02-09.e
ground sign setback
The site is located at 1331 S Range Line Rd. The site is zoned B-8/Business.
Filed by Ryan Oyster of the GPD Group.
General Info:
E CARMEL DR The petitioner is razing the
existing building and
constructing a new building
that will house two fast-food
restaurants. In order to fit into
the fabric of the Range Line
Road corr/dor, the petitioner is
requesting 6 variances.
Analysis.
The DP Amend/ADLS for this
item has been presented to the
Plan Commission. The
petitioner has worked with the
Department in regards to site
try to comply with the proposed Carmel Dr/ye/Range Line Rd Overlay. In that effort, variances are
required, layout and building design to
Findings of F · ' ' '~
act. buffer yards/greenbelts
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: The number of planting s required will be
the same or greater; only the width of the planting area will change.
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 number of planting s required will be the same or greater; only the width of the planting
area will change.
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 str/ct application of the Zoning Ordinance may result in practical difficulties in the use of
the property, due to fact that the petitioner may not be able to redevelop the site.
2.)
3.)
Findings of Fact: signage size/quantity/height
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: There are two businesses in one building
trying to consolidate on signage that will fit into the fabric of Range Line Rd.
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:
there are businesses adjacent to the property, each having their own signage, too. This site is
unique because there are two businesses in one building on a smaller lot.
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 petitioner may not be able to redevelop the site.
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 vision of the Range Line Rd/C~armel Dr
corridor is to have buildings pulled up to the street.
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 vision of the Range Line Rd/Carmel Dr corridor is to have buildings pulled up to the street,
creating a feeling of downtown character for the Range Line Rd 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 that the owner may not be able to able to redevelop the site to fit in
with the vision of the Range Line/Carmel Dr corridor.
Recommendation:
The department recommends positive consideration of Docket Nos. 04100007 ¥ through
04100010 V, 04100013 ¥, and 04100015 ¥.