Loading...
HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT July 25, 2005 Davis & Bales, lots 7pt-8: The Deacon Restaurant The applicant seeks use variance approval for a restaurant and seeks the following development standards variances: Docket No. 05050028 UV ZO Chapter 8.01 permitted uses Docket No. 05050029 V ZO Chapter 25.07.02-08.b number of signs Docket No. 05050030 V ZO Chapter 25.07.02-08.b two signs oriented west Docket No. 05050031 V ZO Chapter 25.07.02-08.b one sign oriented south Docket No. 05050032 V ZO Chapter 27.05 reduced parking spaces The site is located at 31 First Street SEand is zoned R-2/Residence within the Old Town Character Sub area. Filed by Mark Demerly of Demerly Architects for EF Holding, LLC. General Info: The petitioner seeks approval for a restaurant/bar in Old Town. The site used to be that of an old Church. The historic integrity of the church architecture will be maintained. The other variances are regarding the number of signs and the direction they face. The last variances for the number of parking spaces that cannot be provided on-site. Analysis: The Carmel Department of Community Services (DOCS) supports the relief of parking spaces required for the proposed restaurant at 31 First Street SE, due to the fact that the parking lot will be expanded at the Lion's Club site, which is ~ block east of the site. The petitioner also stated that a parking agreement is being worked out with the property owner of the vacant lot to the north of the site. The signage plays on the church bell tower, where the sign face fits into the opening that was used for bells. The area adjacent to the site has business zoning. Much of Old Town is becoming a patchwork of various businesses and homes, which creates the unique fabric of Old Town. 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 ofa historic church building to become a restaurant 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 an old church building to become a restaurant 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 new restaurant to Old Town helps add to the character to the area. The historic building will also be 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 church building sits on the site. 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: signage 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The signs fit into the historic architecture element of the church tower. The signs will be an amenity to the area, as well as an art and conversation piece. 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 signs are more a part of the architecture element, rather than a signs. They serve more as art first, then signage second. 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 ordinance will only allow one sign, which will most likely by place along the street. This may hurt the wholeness of the image of the building and/or the character of the area. 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 a ~ block of the site. Shared parking can be accomplished. The parking and Old Town ordinance actually promotes shared parking in Old Town. A vacant lot just north will serve as a parking option. 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 a ~ block of the site. Shared parking can be accomplished. The parking and Old Town ordinance actually promotes shared parking in Old Town. A vacant lot just north will serve as a parking option. 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 business may not be able to locate within Old Town, where shared parking and walking short distances is promoted. Recommendation: The department recommends positive consideration of Docket Nos. 05050028 UV, 05050029 V, 05050030, 05050031 V, and 05050032 V.