HomeMy WebLinkAboutDept Report 07-22-13CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
JULY 22, 2013
(V) 255 Associates LLC, Reduced R.O.W
3.
The applicant seeks the following development standards variance approval for reduced right-of-way dedication.
Docket No. 13050004 V ZO CH: 2.09 Compliance with the Transportation Plan, reduced ROW
requested.
The site is located at 255 E Carmel Drive and is zoned B-8/Business within the Carmel Dr/Range Line Rd Overlay.
Filed by Dave Coots of Coots, Henke & Wheeler.
General Info:
The site received approval by the Carmel Plan
Commission for an addition to the existing
building along Carmel Drive in January of 2013.
The site plan that was approved did not indicate
the correct 50 foot half right-of-way requirement
per the Carmel Transportation Plan. The Petitioner
now requests variance approval for a 44 foot half
right-of-way width and not dedicate an extra 6
feet per the Transportation Plan. This property is
located south of the intersection of Carmel Drive
and Executive Drive. To the north, east and west
are existing commercial and office properties. To
Please
the south is the Carmel Racquet Club.
refer to the petitioner’s information packet for
more details.
Analysis:
Compliance with the Carmel Transportation Plan
is required of all projects and improvements. The
current Transportation Plan, plans for a 50 foot
half right-of-way for Carmel Drive. This is not a new requirement and has been in place since at least 2010 when the
Transportation Plan was last updated. This project would only require a total of 10 feet of right-of-way to be dedicated to
the City and no improvements or changes to the site plan or existing parking would need to be done at this time. The
dedication would cause 11 spaces of existing parking to be partially within the new right-of-way. However, the City is
willing to grant a Consent to Encroach for these spaces so that there will be no loss in the use of the parking spaces.
The Department does not believe there is a practical difficulty in complying with the Zoning Ordinance and dedicating the
total 10 feet of right-of-way. The site plan would not need to be changed. The extra 6 feet would encroach into the
parking, however it could remain as is today and would not cause the building to be unsuable.
The Department is not in support of this variance request.
Findings of Fact:
1. The approval of this variance will be injurious to the public health, safety, morals, and general welfare
of the community because
: it will hinder the City’s ability to improve Carmel Drive, traffic flow, and safety
in this area in the future.
2. The use and value of the area adjacent to the property included in the variances will be affected in a
substantially adverse manner because
: traffic flow could become worse in this area and the current right-
of-way would make it more difficult to improve the street.
3. The strict application of the terms of the Zoning Ordinance to the property will not result in practical
difficulties in the use of the property because:
the approved site plan would not need to be changed and the
parking could remain and be used as intended until such time as Carmel Drive is improved. The extra 6 feet
of right-of-way would not render the building unusable as there is other parking on site and additional parking
was recently approved to be added to the site.
Recommendationnegative13050004 V.
: The Dept. of Community Services recommends consideration of Docket No.
7