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HomeMy WebLinkAboutDept Report 07-22-13CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT JULY 22, 2013 5-6.(V) First Merchants Bank, West Carmel Commons, Lot 2. The applicant seeks the following development standards variance approvals for a new bank along Michigan Rd: Docket No. 13060012 V ZO CH: 23C.10.03.5.b(2) 6 ft wide parking lot perimeter planting area, 4 ft requested Docket No. 13060013 V ZO CH: 23C.11.G Location of stacking for drive-thru lanes The site is located at 10210 North Michigan Road. The site is zoned B-2/Business within the Michigan Road Overlay. Filed by Jon Dobosiewicz with Nelson & Frankenberger, on behalf of First Merchants Bank General Info: The Petitioner requests Variance approval, as a part of a new bank, to reduce the width of the parking lot perimeter planting area, and to locate the drive-thru lanes on the side of the parcel instead of the rear. The site is located along Michigan Road south of the approved Outback Steakhouse. As a part of this development, the petitioner is also seeking a DP/ADLS approval. Please see the petitioner’s information packet for more details. Analysis: The requested variances are minor and should not be a detriment to the surrounding properties. Perimeter Planting Variance Parking within the front yard setbacks is discouraged within the Michigan Road Overlay. Therefore, an additional 6 foot wide planting area is required if a development chooses to locate parking in the front; to help buffer the view of the cars. The petitioner’s original variance request was for the full 6 foot width of the planting area, but after working with the Department the petitioner has modified the variance. Now the request is only for a variance of about 2 feet and the minimum number of plantings will still be provided and can overlap The Department is supportive of this variance. into the 30 foot greenbelt area. Drive-Thru Location Variance Stacking for drive-thru lanes is not permitted along the front or sides of a parcel along Michigan Road. This is meant to help create coordinated, quality development along the corridor and keep the stacking of cars to the rear of the site because they are less visually appealing. The size and shape of the site make it difficult to locate an efficiently designed building with the drive-thru in the rear. However, the proposed location of the drive-thru will help minimize the view of the stacking by placing it near the back of the site and on the north side of the building so it is not visible from Retail The Department is supportive of this variance. Parkway either. Petitioner’s Findings of Fact – Docket No. 13060012 V: The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of 1. the community because : the required planting material including trees and shrubs for parking lots and the Greenbelt are both provided in the subject area. The use and value of the area adjacent to the property included in the variances will not be affected in a 2. substantially adverse manner because : the required planting material including trees and shrubs for parking lots and the Greenbelt are both provided in the subject area. 4 The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in 3. the use of the property because: the planting material standards including trees and shrubs are both provided in the subject area along the perimeter of the parking lot and the Greenbelt. The strict application of the Zoning Ordinance would require the reduction of greater green space area along the southeast frontage of the site where it is more visually impactful. Petitioner’s Findings of Fact – Docket No. 13060013 V: The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of 1. the community because : the applicant is seeking a variance to permit car stacking along the side of the subject bank building. The subject parcel is part of an overall commercial development and is situated on the corner lot (Michigan Road and Retail Parkway.) The siting of the subject building provides screening of drive-thru stacking from Retail Parkway and northbound traffic along Michigan Road. The siting of the building (Outback Steakhouse) on the adjacent lot to the north will mitigate the visibility of the drive-thru stacking area from southbound traffic along Michigan Road. As a result, the approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the drive-thru will be sufficiently screened from northbound and southbound traffic on Michigan Road. The use and value of the area adjacent to the property included in the variances will not be affected in a 2. substantially adverse manner because : in addition to the rationale included in the response above, the area adjacent to the site is zoned I-1/Industrial and B-2/Business which consists of many types of business. As a result, the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in 3. the use of the property because: the applicant will be unable to design an efficient and effective site circulation plan for the proposed permitted use. Recommendation : positiveDocket Nos. 13060012-13 V. The Dept. of Community Services recommends consideration of 5