HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
JANUARY 29,2013
7. (V) 10610 N Pennsylvania, bufferyard reduction.
The applicant seeks the following development standards variance approval:
Docket No. 13010007 V ZO CH: 26.04 15 ft bufferyard required along 106`" St,0 ft requested
The site is located at 10610 N Pennsylvania Street. The site is zoned B-5/Business,within the US 31 Overlay
Zone. Filed by Frederick Simmons on behalf of Cornerstone Companies,Inc, owner.
r I'w t General Info:
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� �`� �� ��� �` The Petitioner requests approval to.eliminate the 41' 144'1-
A ' pI t I ! y �n " �° required bufferyard along 106 Street due to right-of-
` M I (� , 51:11:4!.��' ,, way being taken for the US 31 improvements..
'', ' °�� : , -� „ , ° t " °'M' Please refer to the petitioner's information packet
;. r',1:!.: I ti f gf,4 4 '°'..1, �4 , ',41 for more details.
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it � i Analysis:
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� , , , ��c+ This site is being impacted by the US 31
€ { . 1 r ''�� improvement project and the existing building will
i' O r ' -4 11.".: ?t� 1 '' ,, not be able to meet the buffe and re uirement alon t �. i ,�� 37 q along
%x.t+ ,, i t.44: n ` 106"'Street due to the additional right-of-way that is
if 6 Fs�+ +y'r a k � f t
:,,i,1! i `$ l'''`'.11-?.4!""'!� z f 1• ,# - . being taken. No changes to the building are
z P., r f�'`t4 r 1- = ro osed at this time however the petitioner has
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1 1 ;� 4t i S r` ,, -,, � ,t ' i7-' g agreed to install additional landscaping along
a ,�, t< {-r- ,�IGuh lit' r � �' +.y Pennsylvania g
® ,+ s�.._ , .� Penns lvania Street..The owner is requesting this
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I' J[ - . variance to bring the roe into compliance as a
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3` .� ,%-� p i ,n part of the right-of--way taking. This variance should
,r fi e 4 ' not be injurious to adjacent property owners or the
a = `��®n�s e -'-te �w community. No ne ative ublic comments have
° 4 � � ? ' been submitted about this project at this time The
� .. ;
4,� I " a .r, i . . .,• Department is in support of this variance.
Findings of Fact:
1. The approval of this variance 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 the 106th Street will be the only change to the use.
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: this business already exists and this variance will only apply to the portion
of the property that abuts 106`t'Street.
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: it would require major changes to the existing site which could make the current
use of the property difficult.
Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 13010007 V.
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