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Home My WebLink AboutDept Report 11-26-12 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT NOVEMBER 26,2012 10-15. (V) 9800 N. Michigan Rd. Dunkin Donuts, C-Store and Commercial Building. The applicant seeks the following development standards variance approvals for a new commercial development with a fuel/gas station: Docket No. 12110002 V ZO Ch. 23C.11.G Location of stacking for drive-thru lanes Docket No. 12110003 V ZO Ch. 25.07.02-9(b) Total number of signs Withdrawn:Docket No. 12110004 V ZO Ch. 25.07.02 9(c) Total square footage Withdrawn: . : . • „ _ ! ! -9 • • . . . • • • - '; _ '. • : . . Docket No. 12110006 V ZO Ch. 23C.09.D 8 feet deep facade offsets, 4 feet requested Withdrawn: . , . . :, - 1 l 1 - . . - .. :.. -. _, . . . -. . .. :•- • . : The site is located at 9800 N. Michigan Road. It is zoned I-1/Industrial within the Michigan Road Overlay Zone. Filed by Jon Dobosiewicz of Nelson & Frankenberger, for H & H Restaurant Management. - 7-; + �b �, %, 1~, ; , , Y r General Info: •ki, < ` ,✓' r 1‘t�+,� ,� y r` The Petitioner is requesting variances from the ' `s,`,: ` '. , A --•' Michigan Road Overlay and the Sign Ordinance to ;At ° " �� n � ��41 � develop a Dunkin Donuts store with a drive-thru, a w: '} ,` '�-1 \ -„, 3 Y gas station/convenience store, and a commercial r ' 't * 744,-... 1 \- ' r ,1 building along Michigan Road around 98th street. ” : - The surrounding parcels to the north and south are -/ - ' _ �``+ ss%d ', � ;.. zoned I-1/Industrial as is the subject project. To the 1. 4" '_ v.� . .a 98<<- east across Michigan Road are B-6/Business and B- �I ,.'""7,---..`..,... �, a `. 3/Business zoned properties as well as S-1/Single ( ..h ., , .1 4 w� y - ,s = Family zoned properties which lead into the North ,' .' " .I Augusta Subdivision along 98th Street. Please refer s - � �� of,�1k � : t $� �,, '��} ,� x,`x to the petitioner's information packet for more ,' r „ _ + r details. ,,-,. ^ , , *,,k MYtr` ` .�'A - , -. Analysis: ,, , ,, -, 1 K ; ~''' \, 12110002 V: Drive-thru stacking location. �I ,',.,,4,ti uarl .fi 'sot . k4 ;. i The Michigan Road Overlay requires stacking for 'W ` , ,Lb, u,,,Ag,._ -' ' e;* 1 drive-thru lanes to be to the rear of the building only. ' L �i t.:_`' g __ `° ' ` " '''" The goal of this requirement is to reduce visibility of the drive-thru and automobiles from Michigan Road and create a streetscape that is visually appealing by focusing on the buildings and landscape design. Due to the site layout and required number of stacking spaces in the drive-thru, the petitioner was not able to locate all of the stacking to the rear of the building. The landscaping along the side and front yards will help to minimize the negative effect of the stacking to the side of the building. The drive-thru is also setback far enough from Michigan Road, that it will not be as visible. The Department is supportive of this variance. 12110003 V:Number of.signs. The number of signs proposed exceeds the amount allowed for the two east end cap tenants Because this site only faces one public street, only one sign per tenant is allowed.The Department has determined the main elevations to be the south elevation of the commercial building and the north elevation of the C-store/Dunkin Donuts building. Because of the orientation of the site and the buildings, the Department supports the variances for additional signage for these two east end cap tenants. 12110006 V: Facade offsets. The Michigan Road Overlay has several architectural design requirements. One of those being that buildings with continuous facades shall be designed with offsets not less than 8 feet deep. This is to promote high quality, innovative design and to avoid buildings with long, monotonous, uninterrupted walls and the typical box-shaped buildings. The 10 petitioner is requesting a variance from this requirement to allow for 4 feet deep offsets instead of 8 feet. By providing 4 feet deep offsets, the facade is still being broken up so there are not long monotonous walls. Also, the size of the building and the architectural design help to reduce any negative impact this variance might have on the Michigan Road Corridor. The Department is supportive of this variance. Findings of Fact: 12110002 V: Drive-thru stacking location. 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: the set back of the drive-thru and the proposed landscaping will reduce visibility of the vehicles from Michigan Road. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: the drive-thru is setback far enough from Michigan Road that it will not detract from the character and sense of place already established in this area by previous developments. 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: while this property will still be viable for other development, it will be difficult to adjust the site layout and accommodate all of the stacking to the rear of the building. Findings of Fact: 12110003 V: Number of signs. 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: the proposed number and locations of signs will effectively address the wayfinding needs of the motoring public and pedestrians. The approval of this request will have little, if any, discernible negative effect on public health, safety,morals and general welfare of the community. In fact, the proposed signs will allow approaching motorists and pedestnans to make informed and safe decisions prior to reaching or passing the building. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: the proposed number and location of signs will effectively address the wayfinding needs of the motoring public and pedestrians. 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 ordinance will prevent the conveying of necessary and visible information to the public (both motoring and walking/biking) when in the vicinity of the real estate. Findings of Fact: 12110006 V: Facade offsets. 4. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: facade offsets are still being provided, and the size of the building and the architectural design help to reduce any negative impact this variance might have. 5. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: facade offsets are still being provided, and the overall architectural design will reduce any negative impact his variance might have on the Michigan Road Corridor. 6. 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: while this property will still be viable for other development, it will be difficult for the petitioner to provide the offsets with the proposed building design. Recommendation:: The Dept. of Community Services recommends positive consideration of Docket Nos. 12110002 V, 12110003 V, &12110006 V. 11