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HomeMy WebLinkAboutDept Report 3-28-05 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT March 28, 2005 8-10h. Office -Hahn Surveying The applicant seeks the following use variance and development standards variance approvals: Docket No. 05020030 UV Chapter 6.01.01 permitted uses Docket No. 05020031 V Chapter 27.03.03 parking lot curbing Docket No.. 05020032 V Chapter 26.04.05 buffer yards The site IS located at 9639 Haverstick Rd. and is zoned S-2/Residence. Filed by Mark Monroe of Wooden & McLaughlin for W &D Land Co, LLC'. General Info/Background: The petitioner seeks use variance approval for to use a residentially zoned property for business offices. The variance is to eliminate parking area curbing, in order to keep the residential feel of the property. The same goes for the buffer yard reduction variance request. Analysis: The variance request to eliminate curbing around the parking areas and a reduction in the buffer yard planting, requirements make sense. The petitioner.is trying to keep the residential character of the property, so that 'it will still fit into the residential neighborhood if the use variance is approved. The use variance request for. offices would be an adequate use to buffer the homes in the neighborhood , along Haverstick'Rd from the intense business uses along 96th Street; it is a good transition. Findings of Fa'ct: P-arking lot curbs 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The elimination of curbs for the parking area will allow the property to maintain the residential character of homes along Haverstick Road. The purpose is to blend in, and not to stick out. The property will look less like a business and more like a home. 2.) The use' and value of the area adjacent to the property included in the variance will not be affected in-a su~stantially adverse manner because: The elimination of curbs for the parking area will allow the property to maintain the residential character of homes ,along Haverstick Road. The purpose is to blend in, and not to stick out. The property will look less like a business and more like a home. 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 property owner will have to sp~nd much time and money adhering to parking area requirements (providing'curb'ed parking areas) for a business use, only to look out of place amongst the other homes in the residential neighborhood. Findings of Fact: buffer yards 1.) The appro'val,ofthis variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The'number ofplantingsr~quired will still be located on the site; only the size of the planting areas will be reduced and dispersed throughout the site. , 2.) The use and value of, the area adjacent to the property included in the variance will not be affected in a sub$tantiallyadverse manner because: It is the Department's bpinion that the use and value of the area adjacent to the property will not be affected in a substantially aQvers'e 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 reduced and dispersed throughout the site., 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 property, owner will have to spend much time'and money adhering to the number of planting required for a ,buffer yard for business use, only to ,look out of place amongst the other homes in the residential neighborhood. 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 s,pecialco:ndition such that enforcement of. the zoning ordinance will result in unnecessary hardship because: If left a residence, the property value may fall, ,since it is adjacent to intense business. uses along 96th Street. The conversion of this property's use from residential to ,an office use will provide a transition buffer from the businesses along 96th Street for the rest of the residential neighborhood along Haverstick Rd. 2.) The grant of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: If left a residence, the property value may fall, since it is adjacent to intense business uses along 96th Street.. The conversion of this property's use from residential to an office use will provide a transition buffer from the businesses along 96th Street for the rest of the residential neighborhood along Haverstick Rd. 3.) The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner becaus'e: Ifleft,aresidence, the property value may fall, since it is adjacentto.intense business uses along 96th Street. The. conversion of this property's use from residential to an office use will provide a transition buffer from the businesses along 96th Street for the rest of the residential neighborhood along Haverstick Rd. 4.) The need for the variance arises from a natural condition peculiar to the subject property because: The property is adjacent to intense businessesthat'front on 96th street. The businesses are adjacent to the south and east property lines. 5.) The, granting of this variance does not substantially interfere with the Carmel/Clay Comp.rehensive Plan because: The Comprehensive Plan Land ,Use Map shows this area to be on the border of a low intensity regional/community employment area. An office will employ a few people in the area and retain the low impact residential feel. It also has direct access to major roads as suggested in the Comp Plan. Recommendation: The department recommends positive consideration of Docket No. 05020030 UV, 05020031 V, and 05020032 V.