HomeMy WebLinkAboutDepartment Report 08-26-13CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
AUGUST 26, 2013
5 -7. (V) Penn Mark One, Landscape Areas.
The applicant seeks the following development standards variance approvals:
DocketNo. 13080005 V ZO CH: 23B.10.02(A)(1) 30 foot Greenbelt along US 31
Docket No. 13080006 V ZO CH: 23B.10.02(B)(1) 10 foot planting strip along 116th St
Docket No. 13080007 V ZO CH: 23B.10.02(B)(1) 10 foot planting strip along Pennsylvania St
The site is located at 11595 North Meridian Street. The site is zoned B -6 /Business within the US 31 Overlay. Filed
by Timothy Ochs with Ice Miller on behalf of the owner.
General Info:
The Petitioner requests approval to eliminate a
portion of the 30 foot greenbelt along US 31
and reduce the planting strip width along 116th
Street and Pennsylvania Street due to right -of-
way being taken for the US 31 improvements.
Please refer to the petitioner's information
packet for more details.
Analysis:
•This site is being impacted by the US 31
improvement project and the existing building
will not be able to meet the greenbelt and
planting strip requirements of the US 31
Overlay due to the additional right -of -way that
is being taken. A portion of the 30 foot
greenbelt along US 31 will be completely
eliminated. A portion of the planting strip
along 116th Street will be reduced to about 2
feet wide. A portion of the planting strip
along Pennsylvania Street will be reduced to
about 5 feet. wide. No changes .t:o.t,he building -are proposed at this time. The owner is requesting this variance to bring
the property into compliance as a part of the right -of -way taking. This variance should not be injurious to adjacent
property owners or the community. No negative public comments have been submitted about this project at this time.
The Department is in support of this variance.
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 variances will simply allow the continued operation of an existing multi- tenant office
building. The use of the subject real estate is in the same manner as that which has existed for many years is not
injurious to the public health, safety, morals, and general welfare of the community. The reduction in the landscaping
will not impact public health, morals, and 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 variances will simply allow for the continued operation of an existing
multi- tenant building, which has existed for many years in this location. Continuing the same use will have no
substantial adverseimpact on the use or value of the area adjacent as the same use will retnain intact. Moreover, the
surrounding area is business offices in nature, and the reduction in landscaping will have no impact on these adjacent
office buildings.
3. The stria application of the terms of the Zoning Ordinance to the property will result in practical difficulties in
the use of the property because: the need for the variances arise solely from the taking of right. -of -way along U.S.
Highway 31 by INDOT, as a result, inadequate room exists for the required landscaping.
Recommendation:
The Dept. of Community Services recommends approval of Docket Nos. 13080005-07 V.
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