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HomeMy WebLinkAboutDept ReportRecommendation' Thc department recommends positive consideration of Docket No. 050800029 V. CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT Sept. 26, 2005 1-Sh. Meridian Corporate Plaza The applicant seeks the following use variance & development standards variance approvals: Docket No. 05080033 UV Docket No. 05080034 V Docket No. 05080035 V Docket No. 05080036 V Docket No. 05080037 V ZO Chapter 23B.03 ZO Chapter 23B.08.01.C ZO Chapter 3.07 ZO Chapter 25.07.02-10(c) ZO Chapter 25.07.02-10(b) permitted uses build to lines def'mition of sign area sign area per sign # signs/transfer of sq. ftg. The site is located at 401 Pennsylvania Pkwy. and is zoned B5 & B6/Business within the US 31 Overlay. Filed by Steve Granner of Bose McKinney & Evans for MCP Partners, LLC. General Info: The first variance request is to deviate from the Pennsylvania Pkwy and 1- 465 build-to lines. The petitioner is also seeking variance approvals in order to have an overall sign package for the site and change how sign area is defined. (Curremly sign square footage is calculated by the tallest height of the sign multiplied by the widest with, not taking into account "dead space"). The petitioner is also seeking use variance approvals for a delicatessen and a fitness center to be located in the buildings as amenities for those that will work in the buildings. This item has appeared before the Plan Commission for design approval. Analysis: The site design includes three buildings, a pond, and parking areas. The complex will center its design on the existing pond. In order to have a unique site layout, the build to lines will be deviated from. The fact that site has three road frontages and each building within this multi-tenant building complex has multiple tenants renders it beneficial to have an overall sign package. Findings of Fact: Use Variance (delicatessen & fimess center uses) 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: The site does not have road frontage on US 31 and the site lies within the US 31 overlay which does not allow the deli & fitness center, where the zoning ordinance does not take into account the fact that amenities within a multi-tenant office building, such as a deli or fitness center, will benefit the workers, as well as the businesses. The uses are secondary to the main use of offices. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: amenities within a multi-tenant office building, such as a deli or fitness center, will benefit the workers, as well as the businesses. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: amenities within a multi-tenant office building, such as a deli or fitness center, will benefit the workers, as well as the businesses. The neighboring public may have the opportunity to utilize these amenities also. 4. The need for the variance arises from a natural condition peculiar to the subject property because: the property lies within the US 31 Overlay, yet it does not have road frontage on US 31. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: the plan recognizes that retail and other commercial uses are to be considered in this corridor as ancillary uses to the office development (page 5-15). Findings of Fact: build-to lines 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the site layout will take into consideration the existing pond and buildings locations, as well as 1-465, possibly producing an alternative site layout. 2.) 3.) 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 site layout will take into consideration the existing pond and buildings locations, as well as 1-465, possibly producing an altenative site layout. 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: thc building locations and parking areas may have to bc shifted, possibly causing a hardship, due to site layout constraints. Findings of Fact: sign area definition 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the sign area will be calculated by measuring the square footage of the logo, and then the letters, adding them together, so that no "dead space' is added to the sign square footage. 2.) 3.) 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 sign area will be calculated by measuring the square footage of the logo, and then the letters, adding them together, so that no "dead space' is added to the sign square footage. 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: "dead space" may be figures into the sign area, requiring a smaller sign size, possibly affecting the readability of the sign from the roads, possibly causing a hardship to patrons/visitors to the site. Findings of Fact: signage for the site 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the cohesive sign package will allow for organized signage on the site, possibly raising the aesthetic value of the site. 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 cohesive sign package will allow for organized signage on the site, possibly raising the aesthetic value of the site. 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 site will be limited on signage size and numbers, possibly causing a hardship to the property owner and to patrons/visitors of the site. Recommendation: The department recommends positive consideration of Docket Nos. 05080033 UV, 05080034 V, 05080035 V, 05080036 V, and 05080037 V.