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HomeMy WebLinkAboutDept Report 1-4-05CARMEL/CLAY BOARD OF ZONING APPEALS Hearing Officer DEPARTMENT REPORT January 4, 2005 1-3d. North Augusta, Sec 1, lots 10pt-Il and North Augusta, Sec 2, Lot 39 The applicant seeks the following development standards variances' Docket No. 04110013 V Chapter 23C.08.03.A setback from residential Docket No. 04110015 V Chapter 26.04.05 buffer yard requirements Docket No. 04120011 V Chapter 23C.10.02(1) 30-ft greenbelt The site is located at the southeast corner of 97th Street and Michigan Rd. The site is zoned B-2/Business and S-I/Residence (pending rezoning) and is within the US 421 Overlay Zone. Filed by Chris McComas of Advocati, LLC for My Three Sons Ventures, LLC General Info: The petitioner is redeveloping a commercial site along Michigan Rd. Many variances were already approved to allow this project to be built, partly due to the size of the site, road rights of way location, and the nature of the type of buildings on the site. The remaining variances required are for the setback/buffer from a residence and greenbelt requirements. Analysis'. The petitioner has worked through many design issues with the Plan Commission, and Special Studies Committee approved the project on November 30, 2004. The redevelopment of the site will add to the character and design of the Michigan Road Corridor. Several variances were approved by the Board of Zoning appeals, regarding the drive thru location, signage, and setbacks at the December 13 meeting. The request for the 0-ft greenbelt is so that the buildings may be shifted closer to Michigan Road and away from adjacent neighbors to the east of the site. Finding of Fact: greenbelt/bufferyards 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 plantings required on-site will be the same; only the width of the buffer yards will be reduced or planters will take the place of in-ground plantings. Plantings cannot be located within the road right of way, but there will be grass in that location. 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 number of plantings required on-site will be the same; only the width of the buffer yards will be reduced or planters will take the place of in-ground plantings. Plantings cannot be located within the road right of way, but there will be grass in that location. 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 will have to provide all of the buffer yard/greenbelt widths, which will effect the building size and parking area size, possibly rendering the whole project infeasible to construct. 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 right of way and the fact that the site has three 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 right of way and the fact that the site has three 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 b. alance providing a quality redevelopment with the cost associated with the Ordinance-required setbacks Recommendation' The department recommends positive consideration of Docket Nos. 04110013 V, 04110015 V, and 04120011 V.