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HomeMy WebLinkAboutDept Report 3-28-05 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT March 28, 2005 3-7h. Companion Animal Hospital The applicant seeks use variance and development standards variance approvals for a veterinary hospital. Docket No. 04090009 UV Chapter 19.01 permitted uses Docket No. 04090010 V Chapter 27.05 number of parking spaces Docket No. 04090023 V Chapter 26.04.05 buffer yard requirements Doeket N'o.04090024 " Chapter 1904.03 side yard setbaclcs WITHDRAWN Docket No. 04090025 V Chapter 19.04.02 front yard setback The site is located at 1425 S Range Line Rd and is zoned B-8/Business. Filed by Jim Shinaver of Nelson & Frankenberger for Dr. Buzzetti. General Information: The petitioner seeks approval to operate a veterinary hospital with overnight boarding or watch of animals, if necessary. The existing building will be expanded upon, complying more with spirit and intent of the Range Line/Carmel Drive Overlay, even though DP/ADLS approval occurred before the overlay was approved. Analysis: The veterinary hospital will perform many functions. The area surrounding the site has a variety of businessesthat range from restaurants to pharmacies to gas stations. A veterinary hospital may fit into this eclectic mix of businesses long Range Line Rd. The reduction of parking spaces will be from 40 to 31, a reduction of 9 parking spaces. The applicant should present site layout and address any negative impacts associated with the proposed outdoor area. Findings of Fact: Parking spaces 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The reduction in the number of parking spaces .allows the building to be pulled closer to the street, and allows a pedestrian friendly site to be achieved. Also, the loss of 9 parking spaces may not have a great impact. 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: It is the Department's opinion that the use and value of the area adjacent to the property will not be affected in a substantially adverse manner by allowing the reduction in the number of parking spaces, allows the building to be pulled closer to the street, and allows a pedestrian friendly site to be achieved. 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 fact that a larger/taller building could not be situated on the site consistent with the Carmel Dr./Range line Rd Overlay. Findings of.Fact: buffer yards 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 still be located on the site; only the size of the planting areas will be reduced. 2.) The use and v.alue of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: It is the Department's opinion that the use and value of the area adjacent to the property will not be. affected in a substantially adverse manner by allowing the reduced buffer yard setbacks; the number of plantings required will still be located on the site; only the size of the planting areas will be diminished. 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 fact that the site will not be able to accommodate the width of buffer yards required without it affecting' the number of parking spaces and building footprint size, possibly causing to project to become unfeasible. An opportunity for redevelopment on Range line Road would be lost. Findings of Fact: building setbacks 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: Bringing the building closer to the street will help build the character of the area that Carmel is envisioning. The petitioner is also seeking to fulfill the intent of the Range Line Rd/Carmel Drive Overlay ordinance. 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 building to be built closer to the street. The setback will be consistent with the Range Line Rd/Carmel Drive Overlay ordinance. 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 fact that the new building will not follow the setback of future development along Range Line required by the Range Line Rd/Carmel Drive Overlay. This will hurt the petitioner, the citizens, and it will hurt the overall vision for this corridor. Findings of Fact: Use Variance 1.) The grant of this variance will not be contrary to the public interest, due to the existence of a.' special condition such that enforcement of the zoning ordinance will result in unnecessary hardship because: This site is at a visible location on Range Line Rd. This use will provide an aesthetically pleasing building and low-impact use. The unnecessary hardship would occur when the zoning ordinance is enforced and the veterinary office would not be able to build on the proposed site. 2.) The grant of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The use and value of the area adjacent to the property will not be affected in a substantially adverse manner by allowing the new veterinary office use, provided that an acceptable site plan can be provided. The character of the proposed building will address the design requirements of the proposed Range Line/Carmel Drive Overlay and fit into the context of the area. The building design, itself, will be an asset to the community. 3.) The use or value of. the area adjacent to the subject property will not be substantially affected in any adverse manner because: The architecture of the building and the low impact use will be an amenity to the area. 4.) The need for the variance arises from a natural condition peculiar to the subject property because: The site is located along a secondary arterial road, where traffic mayor may not cause a negative impact on hurt/sick animals visiting a veterinary clinic. 5.) The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The, Comprehensive Plan Land Use Map shows this area to be a low intensity regional/community employment area. A professional veterinary office will employ people in the area and retain the low impact feel. It also has direct access to major roads as suggested in the Comp Plan. Recommendation: The department recommends positive consideration of Docket No. 040090009 UV,04090010 V, and 04090023 V, and 04090025 V, provided the applicant can present a site layout addressing any n.egative impacts associated with the proposed outdoor area.