HomeMy WebLinkAboutDepartment Report 08-26-13CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
AUGUST 26, 2013
1 -2. (V) Auto Max, 9728 Michigan Rd.
The applicant seeks the following development standards variance approvals for an auto dealership along Michigan
Road:
Docket No. 13070003 V ZO CH: 23C.08.02B Maximum front yard setback 120 ft
Docket No. 13070004 V ZO CH: 23C.08.04 2,500 sq.ft. min gross floor area
The siteis located at 9728 North Michigan Road. The site is zoned I- 1/Industrial within the Michigan Road
Overlay. Filed by Elizabeth Bentz Williams with Clark, Quinn, Moses, Scott & Grahn, LLP, on behalf of Block
Properties.
General Info:
The Petitioner requests variance approvals for a
smaller size building and a larger setback than is
permitted for an existing building in the Michigan
Road Overlay. This project is also being
reviewed for DP /ADLS approval by the Plan
Commission. The site is zoned I-1/Industrial and
is surrounded by industrial and commercial
properties. Please refer to the petitioner's
information packet for more details.
Analysis:
The petitioner is making many improvements to
this site to use it as an auto sales facility. As a
part of those improvements, they have
demolished one building and part of the existing
building. The existing building does not meet the
minimum gross floor area of 2,500 sq.ft., per the
Michigan Road Overlay. The building is also
setback about 196 ft; the maximum allowed is
120 ft.
These overlay standards are intended to create coordinated development along Michigan Road and a visually appealing
corridor. However, this building was in existence before the Michigan Road Overlay was implemented and the petitioner
is simply requesting the variances to legally establish the building size and front yard setback. Because this is an existing
building and the petitioner is making many site improvements, the Department is in support of these variance requests.
The approval of these variances should not have a negative effect on surrounding properties as this building currently
exists and the surrounding properties are zoned for industrial or business uses.
Petitioner's Findings of Fact:
1. The approval of these variances will not be injurious to the public health, safety, morals, and general
welfare of the,community because: the conditions are existing and relate to the overlay district requirement
regarding size. and placement of the office structure.
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 area will be improved with substantial landscaping, paving,
curbs, storm water management improvements and aesthetic additions to the facade of the structure which
will. result. in value added to the corridor.
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 only remedy would be to completely rebuild a new
structure, rather than recondition and improve the existing building.
Recommendation: The Dept. of Coirununity Services recommends approval of Docket Nos. 13070003 -04 V.
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