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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MARCH 25, 2013 5-13. (V) Tom Wood Subaru Rebuild. The applicant seeks the following development standards variance approvals for a new Subaru dealership building: Docket No. 13020007 V ZO Ch.26.04.07 Side yard buffer requirements,eliminate Docket No. 13020008 V ZO Ch.26.04.07 Front&Rear yard buffer requirements,reduce width Docket No. 13020009 V ZO Ch.26.04.07 Min.number of bufferyard plants,reduce plantings Docket No. 13020010 V ZO Ch.25.01.02.B.9 Lighting,no greater than 0.3 Foot-candles at lot line Docket No. 13020011 V ZO Ch. 25.07.02-03.B.1 One sign per street frontage, 5 requested Docket No. 13020012 V ZO Ch. 25.07.02-03.B.3 No more than 2 signs facing a street, 5 requested Docket No. 13020013 V ZO Ch. 14.04.09 80% max. lot coverage Docket No. 13020014 V ZO Ch. 27.08 Amount of Parking spaces required -! !• , :. ! i • I I _ . ' • • . The site islocated at 3300 East 96°'Street. It is zoned B-3/Business. Filed by Paul Reis with Krieg DeVault on behalf of Wood Subaru RE, LLC. i , lc', t}7r{� ', ,� 4 ' sy j.... General Info: ';,**4-4-- I , .,ten fl 7„,,f":- 9,-'� 4 '. t,� The Petitioner is requesting variances to• I i' ' li f T4 ' . r ' permit a new 30,600 s ft. Subaru xsx"'. 11. ' 1-,_. i 1 4fa [+ +r,` t_so.. 4"14,,,,•„,uK-w ,:', p �l• (� Dealership building. Three of the .,F . i,;1 ; ,.: i variances relate to the bufferyard s : ' + ;'A. '' t ra-° requirements, one is for lighting, two are T , , _ , ,. -", _,, . 4 $14 . for signage, another is for lot coverage, w- r' ., g ''' .- - and one is for parking. All of these `' m' „ " if a 1� Atiloso , , variances are necessitated by the use of the it' 1Y i1 !W_ .41".17 R4.; ti; ,e a); �1 111- ! - f ,, f.•i. property as an auto dealership and the 1 - ■ i1,,��,�r iT1°° , ; y "( ±, unique development needs that ensue. l "� � ' t 7' ! ■ i l , .`' Surrounding this property is commercial,41 r c c, t.. 1 .�;. ', ! !I � I development,including other auto dealers. ,,t�' 0 1' " t .. '"ei y 4 v -7 Please to the petitioner's j - f I L r -� -- Viet h^ treet'`.`" information packet for more details. t !s �.i. 0 r"1 K � ,I '� . , E Analysis:• ...4 r,. 411'.. t<r -�` i--.�, f. ,� ` 13020007-09 V: Bufferyards. " ' . _. 1t "° I f Chapter 26 of the Zoning Ordinance t> ......' 7M f--. - _ ' ""; °3. ` .. 'r . requires parcels to provide bufferyards on all sides of a new development. This is to help minimize any impact the use might have on surrounding properties and to create a streetscape that is visually appealing. This project, however,is being developed on an existing site that currently has no buffers and is completely covered by impervious surface. It is surrounded by similar uses that do not necessitate a dense buffer between them. Some buffer is being added to the front and rear but at a reduced width and a reduced number of plantings. This buffering should be adequate and will improve the streetscape along 96th Street. This variance should not have a detrimental effect on surrounding properties or the community. The Department is supportive of this variance. 13020010 V: Lighting. The Carmel Zoning Ordinance limits lighting so that it does not cause illumination beyond the property line in excess of 0.3 foot-candles. This is meant to protect adjacent properties from any adverse effect that excessive lighting might cause. However,the properties adjacent to this project are automobile dealerships as well and so should not be negatively impacted by the increased illumination as they will have similar lighting levels at night. The proposed height for the pole lights is 16 feet. The Department is in support of this variance. 5 13020011 V: Number of Signs and 13020012 V Number of Signs Facing a Street. In general, the amount of signage that is used for a car dealership typically requires variances from the Sign Ordinance. This is because there is usually a wall sign of the name of the dealership,the brand(s) of cars sold, a logo, and a service center sign, and also a ground sign. The design of the building also has an impact on causing need for variances, with the signs being placed far apart sometimes, and architectural details obscuring the ability to draw one large box around the signs. In this specific case, there are 5 signs proposed to face south. Only one sign is allowed per street frontage, therefore these extra signs need variance approval. The Department does not feel these signs are excessive, because they are designed and scaled appropriately to the building. Each wall sign proposed is within the size allowed by the Sign Ordinance, meeting the 70% height and 85% width rules.These four wall signs do not clutter the facade,they simply identify the dealership and that there is a Service area for customers. The ground sign will replace an existing ground sign that has been pieced together over the years, and is due for an update. It meets the Sign Ordinance requirements for both size(19.5 sq. ft. proposed,75 sq. ft. allowed) and height(6' proposed and allowed). The Department is supportive of these variances. 13020013 V: Maximum Lot Coverage. The petitioner is proposing to cover the lot with buildings and pavement over the 80% that is permitted by the zoning ordinance. Currently the site is completely covered by pavement and building, but the petitioner is adding some bufferyards to the front and rear of the property as a part of this project. This will be an improvement for the site. The use proposed(and existing) for this lot as an automobile dealership is typically associated with a higher lot coverage to accommodate more parking for vehicles. Surrounding uses have similar lot coverage and so should not be negatively impacted. 13020014 V: Parking Spaces The zoning ordinance requires 1 space per 300 square feet of indoor area plus 1 space per 2,000 square feet of outdoor sales area for an auto mobile sales use. The petitioner is proposing to provide only 96 spaces total, 14 of which are planned for customers and 14 for employees. The remaining are for car display. The petitioner does not anticipate a need greater than the 96 spots. This variance should not have a negative effect on the surrounding properties as they are a similar use. The Department supports this variance request. Petitioner's Findings of Fact: 13020007-09 V: Bufferyards. 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: (a) the adjacent properties on the north, east and west of the site are being used for similar automobile sales and service operations; and(b) the site abuts 96`h Street to the south which is a heavily travelled corridor with commercial uses that do not require buffering or the level of landscaping required in the separation of residential and commercial uses. 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 immediately adjacent properties are owned by entities affiliated with the Petitioner/Owner and the other properties in the area are conducting similar auto sales and service operations that will not be impacted by the grant of this variance. 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 Zoning Ordinance would require (a) the installation of landscape buffers on the east and west that are between properties under common ownership and with identical uses and which share common drive aisles that straddle the property line on the east and west; and(b) the creation of landscape buffers on the north and south that abut similar commercial operations, all of which would serve no constructive purpose and would result in practical difficulties in the efficient use of the property as an auto sales and service dealership. Petitioner's Findings of Fact: 13020010 V: Lighting. 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: Generally, the proposed site lighting will blend seamlessly with the site lighting provided on adjacent properties, all of which are automobile-oriented. It will be difficult if at all possible to determine where the subject site's lighting effect ends and the lighting effect of the adjacent site begins; however, it should be noted that the proposed lighting very quickly diminishes to ordinance levels just beyond the property line. The lighting effect at the street is somewhat more elevated than at the other property lines, but this general area of East 96`h Street 6 is without standard street lighting. It is likely that the collective lighting of this general area helps to deter crime by eliminating shadows between dusk and dawn, in addition to providing some street illumination where there otherwise is none, which enhances the public health, safety and general welfare. 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 adjacent uses are similar in nature, and the proposed site lighting will blend seamlessly with lighting on adjacent property,thereby helping to deter crime by eliminating shadows between dawn and dusk, which should work to maintain or enhance the use and value of the area adjacent to the property. 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 existing lot of record is relatively narrow such that, when the proposed building is constructed, it is likely that nearly any lighting fixture will have some bleed-over effect. Without adequate lighting, the provision of security for the property and inventory becomes difficult,thereby raising practical difficulties in the successful continuing use of the site for automobile sales. Petitioner's Findings of Fact: #13020011-12 V—Signage 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: the automobile dealership site is located in the busy retail commercial area along East 96th Street. The additional signage is necessary in order to adequately identify the dealership for new and existing customers and vendors and to allow them to make safe and efficient vehicle turning decisions from 96`h Street into the site. The additional signage promotes the public health, safety, and general welfare of the customers, prospective customers, vendors and the general public by providing adequate and appropriate identification and direction when entering and leaving the site. 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 site is situated in the midst of sites with similar uses and development both north and south of East 96th Street. The surrounding uses shield the site from the nearest residential uses in all directions, so there is no impact to residential property. The additional signage is necessary for the continuous success of the redeveloped dealership, which enhances the value of the site and will have no effect or impact on the use and value of the other properties adjacent to the property. 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: an aesthetic interest is created by the building architecture. The design, while creating a visual appeal, also limits the placement of adequate signage and requires the signage to be presented in distinct components on individual planes of the building façade. Additionally, the proposed signage represents the manufacturer's required branding and signage. The proposed signage and the requested variances to implement the proposed new signage are necessary to allow the Wood dealership to meet the requirements for authorized dealers of the Subaru brand. The strict application of the terms of the Zoning Ordinance will preclude the dealership from meeting these requirements and result in significant difficulties in the use and operation of the property as an authorized Subaru dealership. Petitioner's Findings of Fact: #13020013 V—Maximum Lot Coverage 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: this project entails the redevelopment of the site from an outmoded automobile sales and service establishment to a new automobile sales and service center,which requires significant building space and surface parking with drive aisles to operate a safe and efficient auto sales and service operation without any impact on the public health, safety, morals or general welfare of the community 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 site is surrounded by like uses with the same development patterns. Enhancing the site property value through redevelopment should also enhance the use and value of the area adjacent to 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: compliance with the Maximum Lot Coverage provisions of the Zoning Ordinance will have a significant detrimental effect on the building space and surface parking with drive aisles necessary for a safe and efficient auto sales and service operation resulting in practical difficulties in the use of the property. Petitioner's Findings of Fact: #13020014 V—Parking 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: there will be adequate on-site parking spaces for customers,employees and vendors of the dealership without any impact or effect on any adjacent street or property. 7 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 reduction in parking spaces will not in any way impact or affect any adjacent property nor have an adverse impact or effect on the surrounding area. 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 zoning ordinance uses a general formula that requires more parking spaces than is reasonably necessary for the auto sales and service operation to be conducted on the site which would have a significant detrimental impact on the efficient use of the site and result in practical difficulties for an auto sales and service operation by reducing the size of the building. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 13020007 V thru 13020014 V. 8