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HomeMy WebLinkAboutDept Report 12-13-04 CARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT December 13, 2004 19-25h. North Augusta, Sec 1, lots 10pt-ll and North Augusta, Sec 2, Lot 39 The applicant seeks development standards variances: Docket No. 04110012 V Chapter 23C.07 3-acre minimum Docket No. 04110013 V Chapter 23C.08.03.A setback from residential Docket No. 04110014 V Chapter 23C.10.02.2 foundation plantings Docket No. 04110015 V Chapter 26.04.05 buffer yard requirements ~/~ Docket No. 04110016 V Chapter 23C.10.03.5(b) perimeter plantings Docket No. 04110017 V Chapter 23C.11.G Drive thru location Docket No. 04110018 V Chapter 25.07.02-10.(b) signage type The site is located at the southeast comer of 97th Street and Michigan Rd. The site is zoned B-2/Business and S-l/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 are required to allow this project to be built, partly due to the size of the site, road fights of way location, and the nature of the type of buildings on th6 site. 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. Finding of Fact: under 3-acre size 1.) 2.) 3.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the acreage of the project is 2.72 acres, which is only a .28-acre variance from the 3-acre requirement. 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 existing use of a majority of the property is commercial in nature and is currently zoned B- 2/Business, along a heavily traveled street corridor, Michigan Road. 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 will not be able to build this project, due to a .28- acre deficit in land area. 2.) 3.) Finding of Fact: plantings 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 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. 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 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. 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 yards widths, which will effect the building size and parking area size, possibly rendering the whole project infeasible to construct. 2.) Finding of Fact: drive thru location 1 .) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The drive thru location was placed in a manner to fit in with the context of the site and traffic flow patterns. 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 existing use of a majority of the property is commercial in nature and is currently zoned B- 2/Business, along Michigan Road. The drive thru location was placed in a manner to fit in with the context of the site. 3.) The strict application of the terms of the Zoning Ordinance to tile 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 the drive thru at the rear, east, of the building, which will effect the building size and parking area size, possibly rendering the whole project infeasible to construct. Finding 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 site is proposing a sign package that complements the building and site design. 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: All proposed signage is oriented toward commercially zoned real estate and US 421 and 96th Street. 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 sign ordinance does not address the type of signage this site proposes for the type of building (multi-level multi-tenant) on the site. Recommendation'. The department recommends positive consideration of Docket Nos. 04110012 V, 04110013 V, 04110014 V, 04110015 V, 04110016 V, 04110017 V, and 04110018 V.