HomeMy WebLinkAboutDept Report CARMEL /CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
December 22, 2003
4 -5h. Carey Addition, Lot 3
The applicant seeks the follo wing developt standards variance and use variance:
V- 111 -03 #03110006 §27.5 parking spaces required
UV- 112 -03 #03110007 §8.1 permitted use
men
The site is located at 110 3rd Ave NE. T he site is zoned R -2 /Residential within the Old
Town Overlay Zone, Character Sub d F iled by Jan Long and Christina Mowery.
Jo k Genera
Information:
i m n x
m
approval for a use
w variance, in order to
%f
e operate offices in
I ¢1 C ARMEL HIGH
-7-ri 4 0, sc HOOL t R -2 /Residence
1 s Zone. Also, the
11"740:6 7" x s I, petitioner seeks
approval to allo
the driveway to be
f used for up to four
4 t as 1 y
1ST NE t a 1STST NE 1 parking spaces.
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a
Background
o und
N Informat
T m i E xcerpt from Nov.
19 TAC Minutes:
"The only home is the lodge right of us, the parking lot and a retail on 2 "d Avenue. We would like
to use the home as our marketing business. But now we want to get a legal sign on the outside of
the house."
Ana l ys is:
The petitioner is trying to minimize its impact on the neighborhood by not looking too
much like an office. The sign will be small and the employees will park in the driveway,
so as not to take up available street parking.
Findings of Fact: DSV
1.) The approval of this variance will not be injurious to the public health
safety, morals, and gen mprove
eral welfare of the community because: The reduced
number of parking spaces required will i the aesthetics of the area; instead
of 6 parking spaces, the petitioner is only requesting 4 off- street parking spaces.
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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 use and value of the area adjacent to the property will not be affected in a
substantially adverse manner by allowing the less than required number of
parking spaces. The reduced number of parking spaces will allow the office to
have less of an impact on the neighborhood, visually.
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 the number of parking spaces could not fit on the
property. Additional yard would have to be paved to make room for more parking
spaces.
Findings of Fact: Use Variance
1.) The grant of this variance will not be contrary to the public interest, due to the
existence of special conditions(s) such that enforcement of the zoning ordinance will
result in unnecessary hardship because: The public interest is to develop Old Town as
a mix of residential, office, and retail uses. The zoning of this property only allows
residential uses and special uses. An office is not listed as either, and so a use variance
must be sought.
2.) The grant of this variance will not be injurious to the public health, safety,
morals, and general welfare of the community because: It is the determination of the
Plan Commission and City Council that an office will not be injurious to the Old Town area.
3.) The use or value of the area adjacent to the subject property will not be
substantially affected in any adverse manner because: The adjacent properties will not
be affected negatively. This area of Carmel is slowly growing into a mixed -use area with
residential and businesses blending into the atmosphere of Old Towne.
4.) The need for the variance arises from a natural condition peculiar to the subject
property because: There is not a natural condition peculiar to the subject property, other
than the Carmel High School to the east.
5.) The granting of this variance does not substantially interfere with the
Carmel/Clay Comprehensive Plan because: One of the Comprehensive Plan's Old
Town Policies is to provide street oriented retail and offices, (which) shall be encouraged
in the core area of Old Town/CBD (Central Business District). The office use is not in
conflict with the Comprehensive Plan for the area.
Recommendation:
The department recommends positive consideration of Docket No. V- 111 -03.
The department recommends positive consideration of Docket No. UV- 112 -03.
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