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HomeMy WebLinkAboutDept Report CARMEL BOARDOF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT SEPTEMBER 24,2012 2-4.. (V) Gibraltar,Green on Meridian The applicant seeks the following.development standards variance'approvals: Docket No 12090006 V ZO CO 23B:08.01 90 foot Build to Line(70 feet requested) Docket No.;12090097'V ZO CH 23B.10 Landscaping Requirements (as it relates to the portion along'US 31) Docket No. 12090010 V ZO:CH 27.08 Amount of Parking Spaces Required The site is located at 10293 Meridian Street North. The site is zoned B=5/Business within the US 31 Corridor Overlay y Zone. Filed by Jon Dobosiewicz of Nelson°&Frankenberger on behalf of Gibraltar Properties, Inc. kl 4 i ¢e� ; 4 t I) General Info. �+�`��� ,1 a��r r �. r P ilip ' I4 i ) sr '' The Petitioner requests approval to, 1)reducethe �-e` a : . _nil; i ,0 w S 7 ' a- `. build to line from±90 feet to 70 feet, 2)eliminate ` k - r I. F , ' "' , , '' , fi r, 'fs: °," therequiredgreenbelt landscaping along US 31, :' 7 , , ..„ 9 : 7 and 3)eliminate a few parking spaces due to right- ••?y {t 4��it,I, ��% '>50,,, {ay A t`� ? :>.' of-way,being taken by INDOT for,the US 31• Z4,- `r,141it,i ;;‘,. . . ' ®! vial°r ; q highway improvements. Please see the �`- `" a 1 .C5, . '-' 31u'•'S.' t'0ra petitioner's information packet for more -°lFi _ , l t ' i ,, , .F ' details• {{5,..3 :l . w1 i i a n. c ' i•.p t! Analysts C i i ° 1 y r J f x This site is impacted by the US 31 improvement �'VpL. ..m.,_ 4i, F- f y i 1 is i :4vi !s N r. '5"� .' s- ,_ RI%ft r 7-4:,g; t t H Ye project, and the existing"building will not be able V� „ , , o' x e `v A, �� to meet the build-to line.that is'required by the 31 ft • ;I 3 1 �;e w tl �. k al i vim ' V y4 „ W �ry ..>L ;4,. 4 t j `l Overlay Zone, nor the greenbelt landscaping i<s J 17, �4 a f <1 l C i - ,t�t 1, ri requirements:along US 31,due to the additional lA• - ..Ik '' r ' trii.. j �„ r"y Aa : __ right-of-way that is being taken. A few parking• ..x(. , �'ii '1V ' ;alV41 Itie .b 5 t.. ..;: Ft .. f� spaces may also be affected because the new right-of-way for∎US-31 will extend about 35 feet into the property. No changes to the site or building are proposed at this time. The owner is requesting'these variances•to,bring the property into compliance as a part of the right-of-way taking. • These variances should not be injurious to adjacent property owners or the community. No negative public comments have been submitted about this project at this time. The Department is in support of these variances. • Findings of,Fact I The approval of these variances will not be injurious to the public health,safety,morals,and general welfare of the community because: it will allow for the continued operation of the"existing business, and a reduction°in`the buffer along US 31, the build-to line,and a few parking spaces will be the only change to the use 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: this business already exists and these variances only apply to the portion of theiproperty that abuts US 31. 3. The strict application of the terms of the Zoning Ordinance tolhe property will result in practical difficulties in the use of the property;because: it would require major changes to the existing site which could make the current use of the property difficult. Recommendation: After all comments and concerns have been addressed, the Dept. of Community Services-recommends approval of Docket Nos. 12090006 V, 12090007 V,and 12090010 V as they pertain to the'US 31 improvements. 2