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Home My WebLink AboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT JANUARY 29,2013 5-6. (UV & V) Meridian & Main,Lot 2 The applicant seeks the following Use Variance and Development Standards Variance approval to allow a one story retail/service use to comprise 100% of the gross floor area of the building: Docket No. 12120004 UV ZO Ch.23B.05.02 Retail and service uses max 15% of GFA, 100% requested Docket No. 12120005 DSV ZO Ch. 23B.08.03(A)(1) Min. Bldg Height: 38 feet and 3 floors, 1 floor requested The site is located at the Northeast corner of Main Street and US 31. It is zoned B-6/Business within the US 31 Overlay Zone. Filed by James Browning on behalf of Meridian 131,LLC. %,,/,..,-�.a ry f �� General Info: . _- apt , ,_ p41,,, ��' � '" b' ,: The Petitioner requests a Use Variance to permit a retail i-, ' fi.is , , /wr ,, and service use to comprise 100%of the gross floor area u _ ' ', Y r r , '; .,., .,, ' . of a building on this parcel. A variance to allow a �" r .� buildin with only 1 floor is also requested. This parcel 1' jpr ,- )1•1-t'':•5". , is a part of a larger 5 lot development plan that was t� r". ; " r+ a ,t d'ro . ;f approved in 2007 and intended to be a mixed-use office 4 +, ;_: based district. To the north is a vacant parcel planned to ' '" f '' ,1 be a hotel to the south is a hotel to the west is US 31 and• a wpa �, �. 9r.'C °N'. °�- t $� _ ;: office use and to the east is a vacant parcel which would•a r'rx ' r ` �� Q�'44, � f ail p •Y r fr 4 '' allow office or 100%commercial as well due to previous r k 1 4.''''Y+!F I � . „f' ' �' 0 variance approvals. Please see the petitioner's z �. t " i•O _ : tj 1F " , ' ".- .`. F o information packet for more details. gg �a R A I s r+. 1�z� W'.i if:,;-.-' '----,n,:.-Y,,4*:""‘: ., r `` ' "`°'IV! d ;Ii-- --r—. _ Y4 Andy.il The two variances requested would provide for a single- P,•,:-',.;--4,".11,- I0. 16 1 ^ ' 1 'tt1 r {_ .i7,7-7--1',1 � ,, �� - � '�"�. �� ,�� y t,� ur story retail building within an office park development. . ' F _• ,Id r ��1,a s( #Ti The Petitioner has agreed to limit any retail use to be only• a 1�; x t ,� 4 E 3y 1' !�,a l ��' for a financial institution and the Department is supportive of this as a commitment. The need for these variances arises from the size and configuration of the parcel and the multiple zoning requirements,including required parking spaces as well as minimum setbacks. There is not enough room on the site to build the required 3 story office building and meet the parking requirements and meet the 90 foot build-to line. The size of the parcel was also reduced due to right-of-way taking for the US 31 improvement project. While the Department generally does not support one story retail uses within the US 31 Corridor,we do recognize the difficulty in developing the site. Limiting the retail uses to a financial institution is also more favorable than permitting all retail uses at this site and would be complimentary to surrounding uses. According to the Comprehensive Plan,office- supporting commercial is appropriate in an Employment Node and today there is little retail in this area. The granting of this Use Variance and variance for height should not substantially affect the surrounding area in an adverse manner: As a part of this proposal,the Department would also like the petitioner to commit to a building with four-sided architecture. This will ensure that any of the surrounding major streets will not have to view the"back" of the building and it will not be detrimental to the aesthetics of the streetscape and character of the area. Petitioner's Findings of Fact, 12120004 Use Variance: 1. The granting of this variance will not be contrary to the public interest, due to the existence of special condition(s)such that enforcement of the zoning ordinance will result in unnecessary hardship because: the proposed use is contemplated and permitted by the zoning district; however, due to additional right-of- way taken by the State,the real estate may no longer be developed as originally intended. • 11 2. The granting of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: all uses proposed for the real estate are uses permitted under the current zoning. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: the proposed use is contemplated and permitted by the applicable zoning district. 4. The need for the variance arises from a natural condition peculiar to the subject property because: subsequent to the rezoning of the property, the State has taken additional right-of-way to accommodate the US 31 improvements, resulting in a parcel that can no longer be developed in accordance with the applicable ordinances. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: the proposed use is contemplated and permitted by the current zoning district and consistent with the Comprehensive Plan as the only deviation is the mix of uses within the proposed building. Petitioner's Findings of Fact: 12120005 V: Height. 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 use is contemplated and permitted by the applicable zoning district; however due to additional right-of-way taken by the State,the real estate may no longer be developed as originally intended. 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 use is contemplated and permitted by the applicable zoning district and the real estate's proposed intensity will not exceed that as originally intended when the real estate was rezoned. 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: subsequent to the rezoning of the real estate,the State has taken additional right-of- way to accommodate the US Hwy 31 improvements,resulting in a parcel that can no longer be developed in accordance with the applicable ordinances. Recommendation: After all comments and concerns have been addressed,the Dept. of Community Services recommends positive consideration of Docket Nos. 12120004 UV and 12120005 DSV with the commitments that a financial institution will be the only permitted retail/service use and that the building will have four-sided architecture. 12