HomeMy WebLinkAboutDept Report 1-24-05CARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
January 24, 2005
9-12h. Pryor Riding Arena
Petitioner seeks special use and development standards variance approvals for an indoor riding arena
and horse stables.
Docket No. 04120004 SU
Docket No. 04120005 V
Docket No. 04120006 V
Docket No. 04120007 V
Chapter 5.02 Special Uses
Chapter 25.01.01 .A.4 accessory building built before principal building
Chapter 25.01.01.B.8 max. gross floor area
Chapter 25.01.01.B. 1 height greater than 18oft
The site is located at 12899 West Road and is zoned S-I/Residence-Estate. Filed by Nathan Althouse
of Miller Surveying for Arlet & Claudia Pryor.
General Info:
Thc petitioner is seeking a
special use variance for a riding
arena/horse stables and
variance approvals for the
height of the accessory
building, the fact that is going
to be built before a primary
structure and the fact that is
will have greater square footage
than the primary structure
(currently non-existent).
Analysis:
The petitioner will house 6
personal horses and use the site
for riding and enjoying the
horses. The bam location is of concem to the Department. It seems that the placement ignores the fact
that a home exists very close to it. The petitioner should reconsider the barn location to be considerate
to all adjacent properties.
Findings of Fact: Special Use
1.)
2.)
3.)
The Special Use in the Flood Plain District, Ordinance Z-160, Section 21.6 as amended
does not apply and all prerequisites have been met by the Petitioner as verified by:
The site does not lie within a floodplain per the FIRM map # 18057C0205 F, dated February
19, 2003.
The Special Use will be consistent with the Character and the Permitted Land Use of the
Zoning District and Carmel/Clay Comprehensive Plan because: a riding arena and horse
stable is in tune with the intended use of land for land west of Spring Mill Road. This land is
reserved for housing on very large lots, to create a rural residential area, according to page 5-3
of the Comprehensive Plan. Land uses such as barns, riding stables, and riding arenas fit in
with the fabric of a rural area.
The Special Use is physically suitable for the land in question because:
The land is about 15 acres of pasture with a small creek running through its southern half where
trees surround the creek.
4.)
5.)
6.)
The Special Use will not be injuriously or adversely affect the adjacent land or property
values because: Thc riding arena will be indoors, and thc outdoor area will be fenced in.
The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the
adequate availability of water, sewage, or storm drainage facilities or police or fire
protection because: Thc Technical Advisory Committee has reviewed thc site plan, drainage,
and utilities, and all concerns have been addressed.
The Board has reviewed the requirements of the Ordinance Z-160, Section 21.3 (1-25) as
they relate to this Special Use, and does not find that those criteria prevent the granting of
the Special Use:
The Technical Advisory Committee has reviewed the site plan, drainage, and utilities, and all
concerns have been addressed.
Findings of Fact: accessory building built before principal building
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 area is zoned rural residential, where a
riding arena and horse stable is in tune with the intended use of land for land west of Spring
Mill Road. This land is reserved for housing on very large lots, to create a rural residential area,
according to page 5-3 of the Comprehensive Plan. Land uses such as barns, riding stables, and
riding arenas fit in with the fabric of a rural area.
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:
a riding arena and horse stable is in tune with the intended use of land for land west of Spring
Mill Road. This land is reserved for housing on very large lots, to create a rural residential area,
according to page 5-3 of the Comprehensive Plan. Land uses such as barns, riding stables, and
riding arenas fit in with the fabric of a rural area.
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 not be able to construct an indoor riding arena,
without first erecting a home on the parcel.
Findings of Fact: max. Gross floor area
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 area is zoned rural residential, where a
riding arena and horse stable is in tune with the intended use of land for land west of Spring
Mill Road. This land is reserved for housing on very large lots, to create a rural residential area,
according to page 5-3 of the Comprehensive Plan. Land uses such as barns, riding stables, and
riding arenas fit in with the fabric of a rural area.
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 indoor ridging arena is placed far away from West Road. Also, the architecture of the
building will maintain the quality of the area.
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 not be able to construct an indoor riding arena,
without first erecting a home on the parcel that is larger than the indoor riding arena/stables.
Findings of Fact: height greater than 18-ft
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: The area is zoned rural residential, where a
riding arena and horse stable is in tune with the intended use of land for land west of Spring
Mill Road. This land is reserved for housing on very large lots, to create a rural residential area,
according to page 5-3 of the Comprehensive Plan. Land uses such as barns, riding stables, and
riding arenas fit in with the fabric of a rural area. The indoor ridging arena is placed far away
from West Road. Also, the architecture of the building will maintain the quality of the area.
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 area is zoned rural residential, where a riding arena and horse stable is in tune with the
intended use of land for land west of Spring Mill Road. This land is reserved for housing on
very large lots, to create a rural residential area, according to page 5-3 of the Comprehensive
Plan. Land uses such as barns, riding stables, and riding arenas fit in with the fabric of a rural
area. The indoor ridging arena is placed far away from West Road. Also, the architecture of the
building will maintain the quality of the area.
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 not be able to construct an indoor riding arena,
without first reducing the size of the building, thus affecting the interior space of the riding
arena.
2.)
3.)
Recommendation:
The department recommends positive consideration (as long a~ the Board is comfortable with
the barn location) of Docket Nos. 04120004 V, 04120005 V, 04120006 V, and 04120007 V
with the following condition:
that the petitioner dedicates the necessary amount of road right of way, pursuant to the
20-yr Thoroughfare Plan (40-ft hal0.