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HomeMy WebLinkAboutDept Report 8-22-05CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT August 22, 2005 1-3h. Carmel/Clay Historical Society The applicant seeks use variance approval for an archival & conservation center. Docket No. 05070022 UV Chapter 8.01 permitted uses Docket No. 05070023 V Chapter 23D.03.C.3.b(iv) 5-ft side yard setback Docket No. 05070024 V Chapter 27.05 reduced parking spaces The site is located at 211 First Street SW and is zoned R-2/Residence within the Old Town Character Subarea. Filed by Tom Rumer of the Carmel/Clay Historical Society. General Info: The petitioner is seeking variance approvals to have an archival & conservation center on a residentially- zoned lot. Other variances are to place a structure within the 5-fl side yard setback within Old Town, and the other variance is to have reduced parking, with the provision of parking spaces at the Monon Greenway trailhead, just east of the site. Analysis: The "museum" has been in operation for over 3 years. The site is located within Old Town and adds character to the area. The museum is an amenity for the community to document and remember its history. The reduction in parking is not necessarily negative; the Monon Greenway trailhead is immediately to the east of the site, where many visitors will come by foot or bike. The side yard setback on the east property line is not necessarily negative, also, since there is land from the Monon Greenway and right of way, giving the appearing of open space. Findings of Fact: Use Variance 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: Old Town is a mix of businesses and residential uses, side by side. This reuse of a house for a historic archiving building will add to the character to Old Town. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Old Town is a mix of businesses and residential uses, side by side. This reuse of a house for a historic archiving building will add to the character to Old Town. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: bringing a "museum" to Old Town helps add to thc character to the area. The historic building has been renovated, possibly allowing for adjacent properties to rise in value. 4. The need for the variance arises from a natural condition peculiar to the subject property because: a site is adjacent to the Morion Greenway. The site is zoned for a residential use, but an institutional use was located on the site. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because- the plan recognizes that building intensities in Old Town Downtown are very intense due to lot coverage and street frontage (page 4-8). Findings of Fact: setback 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because, the accessory building will still be located on the site. There is open space just to the east of the site, due to the Monon Greenway, which will allow the site to not appear so cramped. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the accessory building will still be located on the site. There is open space just to the east of the site, due to the Monon Greenway, which will allow the site to not appear so cramped. 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 building will have to be placed further west of the property line, perhaps causing a hardship will the site layout and fitting the structure on the site. Findings of Fact: parking 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: there is plenty of parking within walking distance of the site within Old Town. Also, the use proposed may not create much automobile traffic. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: there is plenty of parking within walking distance of the site within Old Town. Also, the use proposed may not create much automobile traffic. e 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 "museum" may not be able to utilize the property and my incur the hardship of relocating to a larger site, because there will not be any place for employees or patrons to park on the current site. Recommendation- The department recommends positive consideration of Docket Nos. 05070022 UV, 05070023 V and 05070024 V.