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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT June 27, 2005 l1-I2h. David Wilkinson, lots 17 pt-I8 pt - Commercial Kitchen The applicant seeks use variance approval for a commercial kitchen & offices. Docket No. 045050043 UV Chapter 9.01 permitted uses Doeket No. 045050044 " Chapter 23D.03.C.1.a(iii) 70~~ max. lot cO~/er WITHDRAWN Docket No. 045050045 V Chapter 27.03 paved/curbed parking area The site is located at 21 Fifth Street NE and is zoned R-3/Residential within the Old Town Character Subarea. Filed by Gayle Helart. General Info: The petitioner proposes to use an existing house in Old Town for small professional offices and a commercial baking kitchen. An unpaved and uncurbed parking area is proposed at the rear of the building, with possible future paving of the area. The site has lot coverage of 62%; the maximum is 70% Analysis: Old Town is well known for homes converting into businesses, especially along Range Line Rd. This site. is 12 block east of Range Line Rd, on 5th Street NE. With the declaration of the Arts District in Old Town, the petitioner felt that baking is an art in itself and wants to give others the opportunity to cook/bake, as well as utilizing office space. The petitioner is working with the Urban Forester on tree preservation and possibly screening the dumpster with plantings. Findings of Fact: Use Variance 1. The grant 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 site is located 12 block east of Range Line Rd within Old Town, an area of mixed uses, where many existing business were once houses. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the residential character of the house will be maintained and parking will be provided in the rear of the building. The use of a commercial kitchen is unique to the area and will add to the character of Old Town. It will provide a business opportunity that was not readily available before. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: the residential character of the house will be maintained and parking will be provided in the rear of the building. The use of a commercial kitchen is unique to the area and will add to the character of Old Town. It will provide a business opportunity that was not readily available before. The Comprehensive Plan stresses adaptive reuse of buildings in this area. 4. The need for the variance arises from a natural condition peculiar to the subject property because: the site is adjacent to property zoned for business to the west, northwest, and southwest, and high density residential is to the east of the site. The use on this site should be a transition use from B- 5/Business to the west to the R-4/Residence to the east. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The Comprehensive Plan recommends Old Town as having street oriented retail and office uses. It also stresses the adaptive reuse of buildings. Findings of Fact: uncurbed parking 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: uncurbed parking will maintain the residential character of the property and will aid in drainage/infiltration better than a curbed parking area. 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: uncurbed parking will maintain the residential character of the property and will aid in drainage/infiltration better than a curbed parking 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 petitioner will have to provide curbed parking and subsurface drainage, which is not the optimum option for this residential-zoned property. Recommendation: The department recommends positive consideration of Docket Nos. 05050043 UV and 05050045 V.