HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
SEPTEMBER 9,2013.
2-3.(V)Mayflower Park, Sec 7,Lot 1
The applicant seeks the following development standards variance approvals:
Docket No. 13080012 V ZO CH: 2.09 Compliance w/the Transportation Plan, reduced ROW requested
Docket No. 13080013 V ZO CH: 26.04 Bufferyard, reduced width and reduced plantings
The site is located at 4400 W 96th Street and is zoned I-1/Industrial. Filed by Elizabeth Bentz Williams with
Clark, Quinn,Moses, Scott& Grahn, LLP, on behalf of the owner.
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�,". i ` `# f.Y4W*, 4 4` The petitioner is adding 17 parking spaces for their
R`} ! II ',-;c::t 0 4t , y1 „ ` y , ', existing building. As a part of this project,they are also
`.{ ` ' i t � , t °: °R It:, "'4.' dedicating right-of-way and improving the existing
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-�- _ drainage and stormwater management. The site is
1 I `` ` " located along 96th Street and Mayflower Park Drive,
a ,4141:am 'a ,' x �,. y �x just west of Michigan Road. The site is zoned I-
'y:H , ,' °�<F ,` i ' k'', , ''. t ; 1/Industrial and is surrounded by industrial and
" a a h ,w. s: 'u, 1 � t :,. commercial uses. Please refer to the petitioner's
,: - .@ , ,- : k.; , Wi . ; .',.- information packet for more details.
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",7� - "„%4"” 1 `,- ^°: "y_ Anal sis: ROW Dedication
;.ix, : t� + �,= ama1 ,s1 1, The existing site improvements make it difficult to
1 lllr} / °' P° ;7-S . ,i' dedicate the full right-of-way along 96t Street as
,. „ • Ps 7 .!. r ,.�,. ; r g P• ! �, '� k required per the Transportation Plan. If the petitioner
• It -:-,1-1:-:',..-±-,%`!-.a .,f • C k, t � were to dedicate the full right-of-way,it would
wratht L encroach into existing parking spaces. However,the
"" _ v, .t" _ .,: petitioner has agreed to dedicate some additional right-
of-way,._.. � 4 ... . ._ _ ., :,t-t4.4-AT -gym�. P i�' f�
of-way so that the new half right-of-way will be 65 feet.
This is only 10 feet less than required. In addition,the petitioner is dedicating 25 feet of right-of-way along Mayflower
Park Drive.
Bufferyard: Due to the additional dedication of right-of-way and the existing site improvements,the petitioner is
requesting the front bufferyard width be only 8 feet instead of 15 feet and to not have the required number of plantings in
the bufferyard. If the bufferyard width were increased it would encroach into existing parking spaces. Any existing
plantings in the bufferyards should remain. This variance should not have a negative impact on surrounding properties.
The Department is in support of these variances.
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 not in violation; the need for the
variances are a result of the petitioner dedicating right-of-way to the City of Carmel.
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 experience value added from drainage improvements
proposed by petitioner and the area will be improved by having right-of-way dedication to facilitate future
roadway improvements.
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 is only asking for a building permit to
construct 17 parking spaces. In working with Planning and Engineering Departments, the petitioner will
make drainage improvements, donate to sidewalk fund, dedicate rights-of-way on both Mayflower Drive and
96th Street and create a drainage easement to facilitate future improvements.
Recommendation: The Dept. of Community Services recommends approval of Docket Nos. 13080012-13 V.
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