METROPOLITAN BOARD OF ZONING APPEALS · 2016-CZN/CVR-810; 6364, 6402 and 6440 Westfield Boulevard; requests rezoning of 1.4 acres from the I-3 (FF) and C-S (FF) districts to the C-S

METROPOLITAN BOARD OF ZONING APPEALS DIVISION II

PUBLIC ASSEMBLY ROOM

2nd Floor City-County Building 1:00 p.m.

STAFF REPORTS FOR MARCH 13, 2018

These reports do not in any way commit the Board

to approve or disapprove any petition filed before it.

DEPARTMENT OF METROPOLITAN DEVELOPMENT DIVISION OF PLANNING

CURRENT PLANNING SECTION PETITION NO. PETITION ADDRESS AND LOCATION PAGE NO. EXPEDITED PETITIONS:

2017-DV2-049 (AMENDED)

6360 GUILFORD AVENUE WASHINGTON TOWNSHIP, COUNCIL DISTRICT #2

3

2018-UV2-002 644 EAST WASHINGTON STREET CENTER TOWNSHIP, COUNCIL DISTRICT 17

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TRANSFERRED PETITION:

2017-UV1-026 2462 NORTH COLLEGE AVENUE AND 665 EAST 25th STREET CENTER TOWNSHIP, COUNCIL DISTRICT 17

25

2018-UV1-002 2801 MASSACHUSETTS AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT #17

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2018-UV2-001 2602 EAST 10TH STREET AND 1009 NORTH TEMPLE AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT 17

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CONTINUED PETITIONS:

2017-DV2-007*** 5049 EAST 38TH STREET CENTER TOWNSHIP, COUNCIL DISTRICT 9

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2017-DV2-041 1310 STURM AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT #17

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3014 NORTH SHERMAN CENTER TOWNSHIP, COUNCIL DISTRICT #17

81


10202 EAST WASHINGTON STREET WARREN TOWNSHIP, COUNCIL DISTRICT #19

92

2

2017-DV2-047 8010 WEST WASHINGTON STREET WAYNE TOWNSHIP, COUNCIL DISTRICT #22

102


833 BIRCH AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT 16

113


835 BIRCH AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT 16

124

2017-UV2-016 17, 21, 25, 29 AND 33 SOUTH EWING STREET CENTER TOWNSHIP, COUNCIL DISTRICT # 12

135

2017-UV2-024 2143 AND 2145 SOUTH EMERSON AVENUE WARREN TOWNSHIP, COUNCIL DISTRICT #18

147

2017-UV2-025 6301 WEST 46TH STREET PIKE TOWNSHIP, COUNCIL DISTRICT #10

156

2017-UV2-026 510 FAIRFIELD AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT #9

163

2017-UV2-027 (AMENDED)

2102 MITTHOEFER ROAD WARREN TOWNSHIP, COUNCIL DISTRICT #14

172

* Automatic Continuance ** Continuance Requested *** Withdrawn or Dismissal

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section

Case Number: 2017-DV2-049 (AMENDED) Address: 6360 Guilford Avenue (approximate address) Location: Washington Township, Council District #2 Zoning: C-4 Petitioner: 6360, LLC, by Mary E. Solada Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a Commercial Office building within the clear sight triangle of the abutting streets, with a five-foot front yard setback from Main Street and a patio with railings having a two-foot front setbacks from Guilford Avenue and Main Street and deficient landscape yards (buildings not permitted within the clear sight triangle, 10-foot front yard setback, with six-foot landscaped yards required).

RECOMMENDATION Staff recommends approval of the request, subject to the following commitment:

The grant shall be subject to substantial compliance with the site plan and elevation file-dated March 2, 2018.

SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

This 0.18-acre lot, zoned C-4, is currently improved with a single-family dwelling, converted for commercial uses. Commercial structures, within the C-4 District, are located south and west of the subject site. Residential structures, within the MU-1 and MU-2 Districts, are located to the north and east, respectively.

The Envision Broad Ripple Plan (2012) recommends village mixed use. The subject site is within the North Village Local Corridor, as defined by the Plan. The subject site is located within the Compact Context Area of Marion County.

The request, as proposed, would allow for the demolition of the existing structure and the construction of a commercial office building that encroaches within the abutting streets’ clear sight triangle and Main Street front yard setback. An outdoor patio would encroach within the clear sight triangle and front yard setbacks. The development would also result in deficient landscaping.

(Continued)

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STAFF REPORT 2017-DV2-049 (Continued) VARIANCE OF DEVELOPMENT STANDARDS

Front yard setbacks are intended to promote orderly development and allow for the maintenance of structures and the property itself. Front yard setbacks are particularly important as they allow for the implementation of sidewalks, landscaping, and any other features which can improve the aesthetics of the streetscape.

The Ordinance restricts any obstructions between 2.5 and nine feet above grade, at the intersection of streets and/or driveways, to ensure adequate sightlines are unimpeded to provide for safe movement of pedestrian and motorized traffic.

While Staff is hesitant to support front yard setback reductions, Staff would note that the proposed five-foot front yard setback from Main Street would match the existing setback line established by the commercial structures along Main Street to the east. Additionally, locating the building further south would place the building within close proximity of the commercial structure to the south and significantly reduce the existing buffer between the two buildings. The Plan requires a five-foot minimum side yard setback for new buildings within the North Village Corridor, which is proposed.

While the proposed building and patio would encroach within the clear sight triangle, Staff would note that the site is located at an intersection traffic controlled by stop signs. The proposed staircase and railing of the patio would also allow for visual inspection for pedestrians and motorists. Locating the proposed the structure to the west would necessitate a parking maneuvering variance and would be an atypical building setback for structures locating along Guilford Avenue. Given that the proposed development allows for pedestrian access, outdoor activity, increases the amount of existing landscaping and maintains the overall existing development pattern of the vicinity, Staff recommends that this request be approved, subject to the site plan and elevation file-dated March 2, 2018.

GENERAL INFORMATION EXISTING ZONING AND LAND USE

C-4 Single-family dwelling converted for commercial use

SURROUNDING ZONING AND LAND USE

North - MU-1 Multi-family dwellings South - C-4 Commercial retail/restaurant East - MU-2 Two-family dwelling West - C-4 Commercial office

COMPREHENSIVE The Envision Broad Ripple Plan (2012) recommends PLAN village mixed-use development. THOROUGHFARE PLAN This portion of Main Street is classified as a local street with

an existing and proposed 40-foot right-of-way. This portion of Guilford Avenue is also classified as a local street, with an existing 40-foot right-of-way and proposed 45-foot right-of-way.

(Continued)

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STAFF REPORT 2017-DV2-049 (Continued) AMENDED SITE PLAN File-dated March 2, 2018 ELEVATIONS File-dated March 2, 2018.

FINDINGS OF FACT File-dated February 2, 2018. ZONING HISTORY - SITE 2006-DV3-054; 6360 Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for the continued operation of a restaurant use with five off-street parking spaces without proper maneuvering area; granted. 96-UV3-33; 6360 Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for continued operation of a restaurant, without sufficient off-street parking; granted. ZONING HISTORY – VICINITY 2016-CZN/CVR-843; 6361, 6367 and 6371 Guilford Avenue; requests rezoning of 0.48 acre from the C-4 (FF) district to the MU-2 (FF) classification; and a variance of development standards of the Consolidated Subdivision and Zoning Ordinance to provide for a mixed-use building, without the required transparency, with a portion of the west front setback being four feet, with the building height exceeding the maximum, with the building within the clear sight triangles of the abutting street, and with stairs and an enclosed outdoor seating area within the required front setback and right-of-way of Main Street, with an off-site parking lot, with zero-foot setbacks from the front property lines, and with deficient parking; approved (rezoning) and denied (variance). 2016-CZN/CVR-834; 6320 Ferguson Street; requests rezoning of 0.35 acre from the MU-1 (FF) District to the MU-2 (FF) classification to provide for a restaurant, with outdoor seating, and a variance of developments standards of the Consolidated Zoning and Subdivision Ordinance to provide for a restaurant and entry addition, with a zero-foot setback from 63rd Place, with outdoor seating, with 16 parking spaces, with a parking lot, with a zero-foot front setback from 63rd Place. With parking in front of the building, and with bicycle parking within the right-of-way; granted and approved. 2016-CZN/CVR-810; 6364, 6402 and 6440 Westfield Boulevard; requests rezoning of 1.4 acres from the I-3 (FF) and C-S (FF) districts to the C-S (FF) classification to provide for a mixed-use development, with 136-multi-fmaily dwelling units, C-3 retail and office uses and 163 garage parking spaces and variances of development standards of the Commercial Zoning Ordinance to provide for a 75-foot tall mixed-use building, with an east front setback 33 feet from the centerline of Westfield Boulevard, with zero-foot north, west and south side setbacks and a zero-foot north and south front setback along 64th Street, with 163 parking spaces, with zero loading spaces, and with outdoor seating; approved and granted.

(Continued)

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STAFF REPORT 2017-DV2-049 (Continued) 2016-CZN/CVR-804; 6311 Westfield Boulevard; requests rezoning of 0.87 acre from the C-1 (FF) district the C-S (FF) classification to provide for C-3 uses and dwelling units, specifically an 80-foot tall, six-story mixed use development, with 105 multi-family dwellings, 5,000 square feet of retail and 110 parking spaces; and a variance of development standards to provide for an 80-foot tall building, with a zero-foot north side setback and a five-foot front setback from Westfield Boulevard and to provide for an outdoor seating area with a fence and wall, with a zero-foot front setback, encroaching partially into the right-of-way and clear sight triangle of Westfield Boulevard and Riviera Drive, and with a handicapped ramp with a five-foot setback from Westfield Boulevard and with 110 parking spaces and with zero parking spaces; granted and approved. 2016-ZON-031; 6508, 6516 and 6520 Westfield Boulevard; requests rezoning of 0.65 acre from the C-S (FF) district to the C-S (FF) classification to provide for MU-1 and MU-2 uses, a hotel, and event center with live entertainment; approved. 2016-DV1-048; 6357 Guilford Avenue; requests variance of development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish and provide for commercial uses, with two, eight by 18-foot parking spaces, with a zero-foot front setback and with maneuvering within the right-of-way and with an existing building with a two-foot front setback; granted.

2015-DV1-026; 6406 Cornell Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for a two-story 5,000 square foot retail and office building, with seven parking spaces, with less than the minimum width and area; granted.

2015-CZN/CVR-816; 6440 Westfield Boulevard; requests rezoning of 0.90 acre from the C-S District to the C-1 classification to provide for office use and a variance of development standards of the Commercial Zoning Ordinance to legally establish a building, with a zero-foot north front yard and 10-foot east front yard and a parking lot, with zero-foot side yards and zero-foot front yards, with reduced landscaping; granted and approved.

2014-CZN/CVR-800; 6542 Westfield Boulevard; requests rezoning of 1.6 acres from the C-S (FF) District to the C-S (FF) classification to provide for retail uses, with outdoor seating, and a variance of development standards of the Commercial Zoning Ordinance to provide for a zero-foot rear transitional yard; granted and approved.

2012-UV1-011; 6357 Guilford Avenue; requests variance of use of the Commercial Zoning Ordinance to provide for a tattoo parlor, without the grant of a special exception, and being within approximately 255 feet of a D-P district, and with two off-street parking spaces; granted.

2012-DV2-010; 902 East 64th Street; requests variance of development standards of the Commercial Zoning Ordinance to legally establish a zero-foot west front yard along Cornell Avenue, without landscaping and containing parking areas and a deck, with outdoor seating, a zero-foot south front yard, without landscaping, along 64th Street and containing parking areas, to provide for an approximately 1,825-square foot deck, with 108 seats, parking lot maneuvering within the right-of-way of Cornell Avenue, with 13 parking spaces, and to provide for a trash container and enclosure in front of the established building line along 64th Street; granted.

(Continued)

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STAFF REPORT 2017-DV2-049 (Continued) 2012-DV2-034; 901 East 64th Street; requests variance of development standards of the Commercial Zoning Ordinance to provide for a 24-seat deck addition, with zero off-street parking spaces; granted. 2011-ZON-075; 6334 Westfield Boulevard; requests rezoning of 0.22 acre, from the I-3-U (FF) District to the C-3C (FF) classification to provide for office and retail uses, and a variance of development standards of the Commercial Zoning Ordinance to provide for zero parking spaces within the C-3C district; approved. 2011-DV3-014B; 6345 Carrollton Avenue; requests variance of development standards of the commercial Zoning Ordinance to provide for seven parking spaces partially within and maneuvering area wholly within the right-of-way of Carrollton Avenue and ten parking spaces, with deficient maneuvering, and with 7.32-foot front setback from Carrollton Avenue, a 5.24-foot south side setback and a 4.37-foot east side setback and 17 total parking spaces provided; granted. 2011-VAR-013; 6334 Westfield Boulevard; requests variance of development standards of the Commercial Zoning Ordinance to provide for zero parking spaces within the C-3C District; granted. 2010-CZN/CVR-841; 6418 Carrollton Avenue; requests rezoning of 0.18 acre from the C-2 (FF) District to the C-3C (FF) classification to provide for commercial uses and a variance of development standards of the Commercial Zoning Ordinance to provide for a restaurant with outdoor seating with eight parking spaces and to provide for a bike rack with a six-foot front setback and a nine-square foot freestanding sign with a three-foot setback; approved and granted. 2010-CZN/CVR-830; 6520, 6532 and 6534 Westfield Boulevard; requests rezoning of 0.55 acre from the C-S District to the C-S classification to provide for a 22-room, 15,896-square foot, 50-foot tall hotel and a variance of development standards of the Commercial Zoning Ordinance to provide for parking with reduced setbacks, maneuvering in the alley, and no loading space; granted and approved. 2010-DV1-007; 6349 Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for a total outdoor seating area of 1,425 square feet, with a maximum of 48 seats, along the west and south sides of the building, with outdoor seating area to the west having a zero-foot front setback along Guilford Avenue, and a portion of the outdoor seating area along the south being within a portion of the adjoining canal property; granted. 2008-DV1-040; 927 East Westfield Boulevard; requests variance of development standards to provide for a restaurant with four parking spaces and to provide an outdoor seating area with a zero-foot front setback; granted. 2008-DV1-021; 6349 Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for a 400-square foot outdoor seating area containing 36 seats, with a zero-foot front setback from the proposed right-of-way of Guilford Avenue, with seventeen parking spaces, with eleven parking spaces having improper maneuvering area; granted. 2008-UV1-005; 6419 Carrollton Avenue; requests variance of use and development standards of the Commercial Zoning Ordinance to provide for the retail sales of clothing, jewelry and accessories, and home furnishing and décor items, with five off-street parking spaces, in C-2 (FF); granted.

(Continued)

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STAFF REPORT 2017-DV2-049 (Continued) 2008-UV2-018; 834 East 64th Street; requests variance of use and development standards of the Commercial Zoning Ordinance to provide for a pizza restaurant in an existing 1,200-square foot building and utilizing an existing 534-square foot building for storage, with seven off-street parking spaces, with four parking spaces having insufficient maneuvering area and five parking spaces with maneuvering area within the public right-of-way and four parking spaces being within the required east side yard and to provide for an approximately 299-square foot outdoor seating deck with 20 seats, having 2.4167-foot front setback along the existing right-of-way of 64th Street, without landscaping in the required front and side yard; granted. 2007-DV1-039; 6349 and 6351 Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for a 400-square foot outdoor seating area containing 36 seats, with a zero-foot front setback from the proposed right-of-way of Guilford avenue, with seventeen parking spaces, with eleven parking spaces having improper maneuvering area, a 48-square foot roof sign, and a canopy measuring 42.375 feet wide and 8 feet of vertical clearance; granted. 2007-DV2-008; 6319 Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for the expansion of a restaurant and bar use, including 49 additional seats, three employees, and 850-square feet of additional bar area, without additional parking, in C-4 (FF); granted. 2006-DV1-008; 6420 Cornell Avenue; requests variance of development standards of the Commercial Zoning Ordinance to legally establish a restaurant use with seventeen parking spaces, with twelve parking spaces partially within the right-of-way of East 65th Street and seventeen parking spaces with maneuvering area in the right-of-way, with approximately 552 square feet, with 46 seats, of outdoor seating, and to provide for the construction of a 241.1 square-foot covered porch addition, with a 189.6 square foot deck and ramp to permit handicapped access with a 4.6-foot east front setback and an eight-foot north front setback; granted. 2005-ZON-046; 6407 Ferguson Street; requests rezoning from C-2 to C-3C to legally establish a beauty salon; approved. 2005-UV1-038; 6420 Carrollton Avenue; requests variance of use and development standards of the Commercial Zoning Ordinance to provide for the construction of a 10,119-square foot building with permitted accessory retail and service commercial uses to operate as primary uses within 45 percent of the building, with a four-foot west side yard setback and a four-foot south side yard setback, with a 6.25-foot front yard setback along 65th Street, with a two-foot landscape strip along Carrollton Avenue, with eight off-street parking spaces, zero of those reserved for the disabled, and two of those located within the clear sight triangle of 65th Street and Carrollton Avenue, with a 22-foot wide interior access drive, with nine parking spaces located within the right-of-way of 65th Street abutting the site, and an additional nine off-site parking spaces located within the right-of-way of 65th Street; granted.

(Continued)

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STAFF REPORT 2017-DV2-049 (Continued) 2005-DV3-031; 711 East 65th Street; requests variance of development standards of the Commercial Zoning Ordinance to legally establish an existing one and one-half story structure with a 6.8-foot west side yard setback and a 5.5-foot rear yard setback and to provide for an addition to the existing structure resulting in a 3,910-square foot office building with nine off-street parking spaces, with an eight-foot wide concrete sidewalk located in the required front yard setback, and with ten parking spaces within the right-of-way of East 65th Street; granted. 2005-DV3-024; 6410 Cornell Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for the construction of a 637.5-square foot addition to an existing 3,070-square foot retail commercial building with five off-street parking spaces, with maneuvering space for two parking spaces in the right-of-way of Cornell Avenue and maneuvering space for three parking spaces in the right-of-way in the alley west of Cornell Avenue, and with 980.42 square feet of outdoor display area of kayaks and canoes; granted. 2004-DV3-020; 1011 East Westfield Boulevard; requests variance of use and development standards of the commercial zoning Ordinance to provide for a 2,708.34-square foot restaurant, and a 2,708.34-square foot cyber café in a two-story, 5,416.68-square foot commercial structure, with three off-street parking spaces; granted. 2004-DV2-052; 6310 Ferguson Street; requests variance of development standards of the Commercial Zoning Ordinance to provide for a shed canopy addition to an office building with a one-foot front setback, a fireplace chimney with a 5.7-foot front setback and six parking spaces within four parking spaces within the right-of-way of 63rd Place; granted. 2004-UV2-017; 916 East Westfield Boulevard; requests variance of use and development standards of the Commercial Zoning Ordinance to provide for a three-story 10,800 square foot mixed-use building, with a maximum of two dwelling units on the third floor, and with a zero-foot front yard setback from the proposed right-of-way of East Westfield Boulevard, and with eight off-street parking spaces, and with a twelve-foot wide interior access drive; granted. 2004-UV1-051; 6420 Carrollton Road; requests variance of use and development standards of the commercial Zoning Ordinance to provide for limited C-3 uses in an existing and proposed building with outdoor seating, with a zero-foot south side yard setback and 4.8-foot west side yard setback, without off-street parking; denied. 2003-DV1-048; 6420 Cornell Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for a bicycle sales and repair shop with 14 parking spaces, with parking spaces and maneuvering within the right-of-way of Cornell Avenue and East 65th Street; granted. 2003-HOV-038; 6345 Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for a convenience store with one on premise parking space; granted.

(Continued)

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STAFF REPORT 2017-DV2-049 (Continued) 2002-UV1-023; 6420 Carrollton Avenue; requests variance of use and development standards of the Commercial Zoning Ordinance to provide for a retail jewelry store, eight off-street parking spaces, with two spaces with maneuvering area in an alley, with four spaces located within the required front and side yards, with a 15-foot maneuvering area, to legally establish a four-foot side yard setback and to legally establish 11 parking spaces located within the right-of-way of 65th Street; granted. 2002-DV2-002; 916 Westfield Boulevard; requests variance of development standards of the Commercial Zoning Ordinance to provide for nine off-street parking spaces; granted. 2002-HOV-008; 902 Westfield Boulevard; requests variance of development standards of the Commercial Zoning Ordinance to provide for 18 off-street parking spaces; granted. 2001-DV2-046; 808 East Laverock Road; requests variance of development standards of the Commercial Zoning Ordinance to provide for the construction of a 2-story 2,400 square foot office building with a front, side and rear setback of 5 feet and to provide for 6 parking spaces with a zero-foot setback without the required landscaping; granted. 2000-DV1-039; 6311 North Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for a restaurant, with zero off-street parking spaces; granted. 99-UV2-19; 6440 Westfield Boulevard; requests variance of use of the Wireless Communication Zoning Ordinance to provide for the placement of a monopole tower, being 120 feet in height, and a variance of development standards of the Commercial Zoning Ordinance to provide for a 12 by 16-foot equipment storage building, being 1-foot from the right-of-way of Westfield Boulevard, or 26 feet from the centerline; granted. 99-UV1-138; 6310 Ferguson Street; requests variance of development standards of the Flood Control Districts Zoning Ordinance to provide for the expansion of an existing business, with an elevation between zero and two feet above the base flood elevation; granted. 99-UV1-99; 6310 North Ferguson Street; requests variance of development standards of the Commercial Zoning Ordinance to provide for a 680-square foot addition to an existing building with a front setback of seven feet along 63rd Place, zero-off-street parking spaces with parking and maneuvering in the right-of-way of 63rd Place, and a four-foot wide landscape strip along 63rd Place; granted. 98-HOV-62; 902 Westfield Boulevard; requests a variance of development standards of the Commercial Zoning Ordinance to provide for a 32 by 50-foot addition to a commercial building, with a four-foot front yard setback, and eighteen parking spaces; granted. 96-HOV-28; 845 East 65th Street; requests variance of development standards of the Commercial Zoning Ordinance to provide for the renovation of an existing building including the place of a front entrance with a five-foot front setback from East 65th Street for an existing office building; granted.

(Continued)

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STAFF REPORT 2017-DV2-049 (Continued) 95-UV1-91; 6416 Ferguson Street; requests variance of use and development standards of the commercial Zoning Ordinance to provide for a retail clothing shop with a zero-foot side yard setback to the south and one-foot side yard setback to the north, and 7.5-foot rear yard setback; granted. 94-V3-95; 6331 Ferguson Street; requests variance of development standards of the Commercial Zoning Ordinance to provide for the construction of first floor additions to an existing building, totaling 440-square feet, with six off-street parking spaces provided; granted. 93-V3-34; 6310 Ferguson Street; requests variance of development standards of the Commercial Zoning Ordinance to permit two additions to an existing office building with a front yard setback of zero feet; granted. 91-UV2-119; 6412 Carrollton Avenue; requests variance of use of the Commercial Zoning Ordinance to provide for a bookstore within an existing building and a variance of development standards of the Sign Regulations of Marion County to permit the placement of a wall sign; granted. 91-V1-63; 6416 Cornell Avenue; requests variance of development standards of the Commercial Zoning Ordinance to permit the paving of an existing parking area with a total of ten parking spaces provided; granted. 91-UV3-82; 6323 Ferguson Street; requests variance of use of the Commercial Zoning Ordinance to permit retail sales of clothes, accessories and shoes; granted. 91-UV3-78; 6418 North Carrollton Avenue; requests variance of use and development standards of the CZO to permit the retail sales of sewing accessories and to legally establish a seven-foot north side setback; granted. 90-Z-20; 6311 Westfield Boulevard; requests rezoning of 0.86 acres from the D-P District to the C-1 classification to provide for the construction of a three-story office building; approved. 90-V1-8; 6330 Ferguson Street; requests variance of use of the Commercial Zoning Ordinance to permit the operation of a print shop store within an existing building; granted. 89-UV3-29; 6334 Westfield Boulevard; requests variance of use of the Industrial Zoning Ordinance to provide for the continued use of an existing building as a veterinary clinic and pet center, with a projecting sign sitting four inches from the right-of-way of Westfield Boulevard; granted. 89-UV1-95; 6349 Guilford Avenue; requests variance of use and development standards of the Commercial Zoning Ordinance to permit the addition of two apartments and 1,344 square feet of office, with 17 parking spaces; granted. 87-UV2-85; 6417 Carrollton Avenue; requests variance of use of the Commercial Zoning Ordinance to provide for the use of the existing building for the preparation and display of custom wedding cakes; granted.

(Continued)

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STAFF REPORT 2017-DV2-049 (Continued) 86-HOV-72; 919 and 925 Westfield Boulevard; requests variance of development standards of the Commercial Zoning Ordinance to provide for an outdoor eating area for an existing restaurant without sufficient off-street parking; granted. 86-HOV-63; 6319 Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for a sidewalk café without the required front yard; granted. 85-HOV-113; 929 Westfield Boulevard; requests variance of development standards of the Commercial Zoning Ordinance to provide for the construction of a covered deck to be used for 32 outdoor restaurant seats, without sufficient on-site parking, with the deck being within the required front yard setback; granted. 85-HOV-40; 6311 Guilford Avenue; requests variance of development standards to provide for a sidewalk café within the front setback and without sufficient on-site parking; granted. 85-HOV-31; 6331 Guilford Avenue; requests variance of development standards of the Commercial Zoning Ordinance to provide for the use of a sidewalk café within the required front yard and without adequate on-site parking; granted. 85-V1-83; 915 Westfield Boulevard; requests variance of development standards of the Commercial Zoning Ordinance to legally establish a sidewalk café within the front yard and without the required on-site parking; granted. 85-UV3-55; 6361 Guilford Avenue; requests variance of use and development standards of the Commercial Zoning Ordinance to provide for conversion of an existing building to a bed and breakfast inn for overnight lodging; granted. 84-V1-68; 711 East 65th Street; requests variance of development standards of the Commercial Zoning Ordinance to permit an addition to an existing garage, associated with an existing sales office, within the required front yard, and without adequate parking; granted. 84-UV1-113; 6412-6414 Ferguson Street; requests variance of use of the Commercial Zoning Ordinance to provide for the use of a portion of an existing building as a commercial party room; granted. 75-UV2-116; 6410-6414 Ferguson Street; requests variance of use to permit retail use of a residential structure which has been used for office use; granted. 75-UV1-105; 6331 Ferguson Avenue; requests variance of use, floodplain and development standards to operate a small food-serving establishment and construct a two-story addition to the rear of the existing single-family structure for living quarters and a small foyer to the front with four off-street parking spaces available; granted. 73-UV2-35; 6323 Ferguson Street; requests variance of use to permit a bridal boutique; granted. EDH *******

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2017-DV2-049; Location Map

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2017-DV2-049; Site Plan

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2017-DV2-049; Elevation

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2017-DV2-049; Photographs (Subject Site)

Photo 1: Looking west on Main Street.

Photo 2: Looking east on Main Street.

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Photo 3: Looking south on Guilford Avenue.

Photo 4: Looking north on Guilford Avenue.

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Photo 5: Subject site, looking southwest.

Photo 6: Existing Main Street front yard setback.

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Photo 7: Existing Guilford Avenue front yard setback.

Photo 8: Existing southern side yard setback.

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STAFF REPORT

Department of Metropolitan Development Division of Planning, Current Planning Section

Case Number: 2018-UV2-002 Address: 644 East Washington Street (Approximate address) Location: Center Township, Council District # 17 Petitioner: Jupiter Peak Real Estate Holdings, LLC, by Russell L. Brown Requests: Variance of use of the Consolidated Zoning and Subdivision Ordinance to

provide for an automobile club facility, with indoor automobile display and storage of member’s vehicles, light servicing and detailing, meeting rooms/lounge space and public event space, for rent and use by members and guests (not permitted).

RECOMMENDATIONS Staff recommends approval of the petition. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: REQUEST / LAND USE

This request would provide for an indoor automobile club with display, storage and light servicing and detailing of members vehicles. The site is improved with a one-story, 26,660-square-foot building with a 105-space surface parking lot. It was formerly used for culinary arts training. The site is less than one block east of the eastern boundary of the Mile Square. The surrounding land uses include offices, commercial retail and a vacant correctional facility. Multi-family dwellings are approximately one block west of the site.

The proposed Plan of Operation indicates that two proposed uses would occupy the building: 1. Storage of 80 to 90 club member vehicles, light servicing and detailing of club member

vehicles, office space and a lounge, and, 2. An event space for members and non-members.

Typically, automobile uses use considerable outdoor space for parking of vehicles. They are also typically inconsistent with a highly urbanized development pattern. This request would not utilize the existing surface lot for the automobile-related use. Additionally, no changes are planned for the building or for the existing surface parking lot. This use is further reduced in impact by being for members only. The proposed event center would be compatible with existing uses nearby and would not detrimentally affect the adjacent property values.

LAND USE PLAN

The Regional Center Plan 2020 recommends the site for core support development, which includes automotive uses for downtown residents and workers, business services, catering and commercial retail. The proposed uses would comply with the Plan’s recommendations.

(Continued)

21

STAFF REPORT 2018-UV2-002 (Continued) REGIONAL CENTER OVERLAY ZONE

The site is located within the Regional Center. Design of all new construction or additions to existing structures and signage in the Regional Center is subject to the approval of the Administrator of the Division of Planning. Thus, any proposed development will be required to receive Regional Center approval through the filing and approval of a Regional Center Approval Petition prior to obtaining any permits. A Regional Center Approval petition has not been submitted for this site, however, that would only be required if exterior changes were to be made on the building or site, or for signage.

GENERAL INFORMATION EXISTING ZONING AND LAND USE CBD-2/RC Vacant former educational building and surface parking lot SURROUNDING ZONING AND LAND USE North - CBD-2 / I-3 / RC Office / mixed-use commercial South - CBD-2 / RC Office / elevated rail road track / vacant correctional facility East - I-3 / RC Elevated rail road track West - CBD-2 / RC Educational use COMPREHENSIVE PLAN The site is located within the boundaries of the Regional Center

Plan 2020 which recommends Core Support development. THOROUGHFARE PLAN The Thoroughfare Plan of Marion County indicates that Washington

Street is a primary arterial, with a 120-foot right-of-way. SITE PLAN / FLOOR PLAN File-dated February 6, 2018 FINDINGS OF FACT File-dated February 6, 2018

ZONING HISTORY JY *******

22

Zoning map (top) and site plan – 2018-UV2-002

23

Floor plan – 2018-UV2-002

24

Plan of Operation – 2018-UV2-002

25

STAFF REPORT



Case Number: 2017-UV1-026 Address: 2462 North College Avenue and 665 East 25th Street (approximate

address) Location: Center Township, Council District #17 Zoning: D-8 Petitioner: TGI, LLC, by Sarah Walters Request: Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for a dwelling unit (not permitted) on the second floor of a detached garage, accessory to a two-family dwelling.

ADDENDUM FOR MARCH 6, 2018 This petition was continued from the March 6, 2018 hearing, and transferred to the March 13, 2018 Board II hearing at the request of the petitioner, due to the lack of a full Board. Staff continues to recommend denial of the petition as proposed.

ADDENDUM FOR MARCH 6, 2018 This petition was continued from the February 6, 2018 hearing, to the March 6, 2018 hearing at the request of the petitioner. The petitioner has submitted to the file, a revised site plan indicated an increased south side setback for the proposed detached garage structure, file-dated February 22, 2018.

Staff continues to be concerned that the proposal would be an overdevelopment of the site, and out of context with the use or value of the area adjacent to the property because of the increased density, and would also increase the site’s intensity and traffic in the area. Therefore, Staff continues to recommend denial of the petition as proposed.

RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: (Continued)

26

STAFF REPORT 2017-UV1-026 (Continued) LAND USE

This 0.22-acre site, zoned D-8, is developed with a two-family dwelling. A single-family dwelling and commercial use are located to the north in the D-8 district. A two-family dwelling is located to the south in the D-8 district. Undeveloped parcels are located to the east and west, both in the D-8 district.

The Citizens / King Park Neighborhood Plan (2001) recommends high-density multi-family, with a density of 16-25 units per acre, for the 2462 North College Avenue parcel, and medium-density single-family, with a density of 6-15 units per acre, for the 665 East 25th Street parcel.

VARIANCE OF USE

This request would provide for a dwelling unit on the second floor of a detached garage, accessory to a two-family dwelling.

The Ordinance does allow Secondary Dwelling Units in certain dwelling districts and mixed-use districts within the Compact Context Area, as long as certain use-specific standards are met. Secondary Dwelling Units are limited as an accessory use to one per lot, per single-family detached dwelling. Dwellings are not permitted as an accessory use to a two-family dwelling. This is intended to prevent the overdevelopment of properties and aid in the implementation of the Comprehensive Plan.

Because and additional dwelling unit would be accessory to a two-family dwelling, the use of the lot would be more intense than the desired, and should require additional development standards to mitigate the impact on adjacent dwellings and parcels.

If the petitioner chooses to use this property more intensely, then they should be held to the development standards for the more intense residential development permitted within the D-8 zoning district. The site plan proposes a five-foot west side setback, and a 10-foot south side setback from the adjoining parcels. These standards would require a side yard within the D-8 zoning district, 20% of the project width up to 15 feet. This development should then provide a 15-foot side yard setback from the parcel to the west, and a 13.6-foot side yard setback from the parcel to the south.

Staff believes that the proposed use would be an overdevelopment of the site, and out of context with the use or value of the area adjacent to the property because of the increased density, and would also increase the site’s intensity and traffic in the area.


D-8 Two-family dwelling (Continued)

27

STAFF REPORT 2017-UV1-026 (Continued) SURROUNDING ZONING AND LAND USE

North - D-8 Single-family dwelling and Commercial structure South - D-8 Two-family dwelling East - D-8 Undeveloped lots West - D-8 Undeveloped lot

COMPREHENSIVE PLAN The Citizens / King Park Neighborhood Plan (2001)

recommends high-density multi-family, with a density of 16-25 units per acre for the 2462 North College Avenue parcel.

The Citizens / King Park Neighborhood Plan (2001)

recommends medium-density single-family, with a density of 6-15 units per acre for the 665 East 25th Street parcel.

THOROUGHFARE PLAN This portion of College Avenue is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a primary arterial, with a 40-foot existing and proposed half right-of-way.

This portion of East 25th Street is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a secondary arterial, with a 25-foot existing half right-of-way and a 30-foot proposed half right-of-way.

SITE PLAN (AMENDED) File-dated February 22, 2018. FINDINGS OF FACT File-dated December 27, 2017. ZONING HISTORY 2006-DV3-024; 655 and 719 East 23rd Street, 2218, 2222, 2224, 2227, 2228, 2231, 2309, 2310, 2315, 2316, 2320, 2321, 2328, 2335, 2336, 2339, 2340, 2345, 2346, 2351, 2352, 2407, 2428, 2434, 2435, 2438, 2439, 2442, 2445, 2446, 2451, 2452, 2514, and 2540 North Broadway Street, and 2242, 2305, 2310, 2314, 2327, 2330, 2331, 2332, 2333, 2340, 2343, 2344, 2347, 2419, 2426, 2429, 2445, 2516, 2620, 2630, 2636 North College Avenue (north, west and south of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for ten-foot front yard setbacks, granted. 2005-DV2-050; 2501 North College Avenue (northeast of site), requested a variance of development standards of the Commercial Zoning Ordinance to provide for the construction of a 5,994-square foot commercial building, with a ten-foot front transitional yard along 25th Street, with a ten-foot front setback along College Avenue, with a ten-foot north side transitional yard, with a five-foot east side transitional yard, with carryout food sales located ten feet from a protected district, with reduced vehicular maneuvering area, granted.

(Continued)

28

STAFF REPORT 2017-UV1-026 (Continued) 2004-ZON-063; 2501 North College Avenue (northeast of site), requested the rezoning of 0.58 acre, being in the D-S District, to the C-3 classification to provide for neighborhood commercial uses, approved. 2003-DV3-032; 2256, 2260, 2264, 2353, 2365, 2402, 2406, and 2410 North Central Avenue, 2401, 2407, 2411, and 2415 North Park Avenue, and 509 East 24th Street (west and south of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of four multi-family dwelling structures, with five-foot front yard setbacks, in D-8, granted. 93-UV3-4; 2501 North College Avenue (northeast of site), requested a Variance of Use of the Dwelling Districts Zoning Ordinance to provide for a fish market and variety store, approved. RU *******

29

2017-UV1-026; Location Map

30

2017-UV1-026; Site Plan

31

2017-UV1-026; Photographs

Existing two-family dwelling on subject site, looking west from College Avenue.

Rear of subject site property, proposed accessory dwelling location, looking south from East 25th

Street.

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Adjacent undeveloped parcel to the west, looking south from East 25th Street.

Adjacent single-family dwelling to the north of proposed accessory dwelling location.

33

Adjacent undeveloped parcels to the east, across College Avenue.

Adjacent two-family dwelling to the south, looking west across College Avenue.

34

STAFF REPORT

Department of Metropolitan Development

Division of Planning Current Planning Section

Case Number: 2018-UV1-002 Address: 2801 Massachusetts Avenue (approximate address) Location: Center Township, Council District #17 Zoning: C-3 Petitioner: Single Source Real Estate Services, LLC, by Joy M. Skidmore Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for a liquor store (not permitted) within 20 feet of the nearest protected district (100-foot separation required).

ADDENDUM FOR MARCH 13, 2018 This petition was continued, and transferred, from the February 20, 2018 hearing of Division III, to the March 13, 2018 hearing of Division II, to hear this petition before a fill five-member Board. No new information has been provided, therefore, Staff continues to recommend denial of the request. ADDENDUM FOR FEBRUARY 20, 2018 This petition was continued, and transferred, from the February 6, 2018 hearing of Division I, to the February 20, 2018 hearing of Division III, at the request of the petitioner, in order to hear this petition before a full five-member Board. No new information has been provided, therefore, Staff continues to recommend denial of the request. February 6, 2018 RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

This 0.74-acre lot, zoned C-3, is currently improved with a fueling station and convenience store. Industrial facilities, within the I-3 District, are located east and north of the subject site. A liquor store, within the I-3 District, is located to the west. Residential dwellings, within the D-5 District, are located to the south.

The Highland-Brookside Neighborhood Plan (1993) recommends retail/office development of the subject site. The site is located within the Compact Context Area of Marion County.

(Continued)

35

STAFF REPORT 2018-UV1-002 (Continued)

The request would allow for the operation of a liquor store within an existing convenience store tenant bay. The use is not permitted by-right within the C-3 District, nor is it permitted within 100 feet of a protected district. Single and two-family dwellings, within a protected district, are located 20 feet south of the subject site.

The subject site was rezoned from the I-3-U District, to the C-3 District, in 2013 (2013-ZON-021) in order to provide for a convenience store and gasoline station. Permits for the construction of the existing structures were issued in 2015, by the Department of Business and Neighborhood Services.

VARIANCE

Under the previous Commercial Zoning Ordinance, liquor stores would have been permitted within the C-3 District, so long as 100 feet of separation was provided. Existing liquor stores in operation at the time of adoption of the Consolidated Zoning and Subdivision Ordinance are considered legally established nonconforming uses. Staff would note that the subject site would not have met the separation requirement, therefore a liquor store would not have been permitted under the previous Ordinance.

The drafting and adoption of the Consolidated Zoning and Subdivision Ordinance included a lengthy public participation process of both private citizens and commercial stakeholders. The process was conducted, in part, to maximize development viability and ensure appropriate locations for and development patterns of specific uses and districts. As a result, liquor stores were excluded as a permitted use of the C-3 District within the new Ordinance. Staff would note however, that the number of categorized uses was reduced from 570, to 150 in the new Ordinance. This consolidation of uses allows for greater flexibility of permitted uses within the commercial districts, particularly in relation to indoor retail and business uses within the C-3 classification. Furthermore, zoning districts were eliminated and vacancy provisions were introduced in order to accommodate commercial development.

The Ordinance continues to require taverns and liquor stores to be located 100 feet from a protected district, in order to reduce negative impacts, such as noise, late night traffic, and litter, on more sensitive uses. The existing convenience store is located 23 feet from a D-5 District improved with single-and two-family dwellings.

The submitted findings of fact indicate that the strict application of the zoning ordinance will result in a practical difficulty in the use of the property because:

“the owner made significant improvements to the overall site and building within the last two years following all required setbacks and zoning regulations in order to attract tenants to the area, and positioned the building in such a way as to buffer the adjacent neighborhood from any commercial use. The existing liquor store located on the opposite corner is also within 100’ of the residential district and is permitted to operate with no screening in place for those residents. Therefore, precedent of a liquor store in the area within 100’ of a protected district is already set for this area”.

(Continued)

36


In relation to the proposed use, this finding does not demonstrate a practical difficulty related to the property. The strict application of the Consolidated Zoning and Subdivision Ordinance does not prohibit the use of the property for commercial use. As indicated above, liquor stores were required to maintain 100 feet of separation from protected districts under the previous Ordinance as well.

The submitted findings of fact indicate that the strict application of the terms of the zoning ordinance constitutes an unusual and unnecessary hardship if applied to the property for which the variance is sought because:

“the property was zoned C3 in 2013 prior to the new zoning ordinance prohibiting liquor stores and has stations in a C3 district. At the time of rezone, a liquor store was a permitted use. If the owner had known the zoning would change 3 years later to prevent the use of both a gas station (currently a legal non-conforming use) and a liquor store, the rezone request would have been for a C4 designation. In addition, the existing liquor store across Rural Street from the subject property is also not a permitted use. Therefore, precedent is set with this existing use operating within a district where it is not permitted”.

Given the Ordinance revisions listed above, Staff believes an appropriate commercial use can operate on the subject site, without the grant of a separation from a protected district variance. Staff believes the fact that the site is developed with a commercial structure underscores the lack of a hardship associated with the site. Staff would note that the liquor store to the west, according to GIS, is located 104 feet from the nearest protected district and is permitted by variance (74-UV2-4).


C-3 Fueling station and convenience store SURROUNDING ZONING AND LAND USE

North - C-3 Commercial structure South - D-5 Single- and two-family dwellings East - I-3 Industrial structure West - I-3 Liquor store

COMPREHENSIVE The Highland-Brookside Neighborhood Plan (1993) PLAN recommends office/retail development.

THOROUGHFARE PLAN This portion Massachusetts Avenue is classified as a primary collector in the Marion County Thoroughfare Plan, with an existing 40-foot right-of-way and proposed 50-foot right-of-way. This portion of Rural Street is also classified as a primary arterial, with an existing 62-foot right-of-way and proposed 72-foot right-of-way.

(Continued)

37

STAFF REPORT 2018-UV1-002 (Continued) SITE PLAN File-dated January 2, 2018.

FINDINGS OF FACT File-dated January 16, 2018. ZONING HISTORY - SITE 2013-ZON-021; 2801 Massachusetts Avenue; requests rezoning of 0.74-acre from the I-3-U District

to the C-3 classification to provide for a convenience store and gasoline station; approved.

71-UV3-107; 2801 Massachusetts Avenue; requests variance of use and transitional yard

requirements of the IZO to provide for a petroleum bulk depot on the rear of the lot; granted.

ZONING HISTORY – VICINITY 2007-UV2-025; 1928 North Rural Street; requests variance of use and development standards of

the Commercial Zoning Ordinance to provide for a daycare ministry and to provide for zero-foot front

landscape strips along Rural Street and Brookside Avenue, with eight parking spaces; granted.

2006-HOV-046; 2701 Massachusetts Avenue; requests variance of use of the Industrial Zoning

Ordinance to legally establish a single-family dwelling use, and provide for a fifteen-foot tall, 720

square foot detached garage; granted.

2004-ZON-030; 1928 North Rural Street; requests the rezoning of 0.5 acre from the C-3 to C-4 to

provide for community regional commercial uses; withdrawn.

2004-UV2-025; 1928 North Rural Street; requests variance of use to legally establish a tire store

with on-site installation and repair, in C-3; granted.

2003-ZON/VAR-803; 2919, 2921 and 2925 Massachusetts Avenue; requests rezoning of 0.60 acre

from D-5 to C-5, to legally establish an automotive repair business and a variance of development

standards to legally establish a zero-foot side and year transitional yard and an eight-foot tall fence

located within the front yard; withdrawn.

98-V1-18; 1856 North Rural Street; requests variance of development standards to provide for a

temporary storage shed for a period of three years, with deficient setbacks; granted.

95-UV2-47; 1901 North Rural Street; requests variance of use to legally establish the sale, display

and installation of tires and sale of batteries in C-2; granted.

84-UV3-117; 2921 Massachusetts Avenue; requests variance of use of the Dwelling Districts

Zoning Ordinance to provide for the operation of an automobile repair business utilizing the existing

building; withdrawn.

83-V3-43; 2840 Brookside Avenue; requests variance of development standards of the Dwelling

Districts Zoning Ordinance to provide for the enclosure of an existing front porch only 16.5 feet from

the front lot line; granted.

(Continued)

38

STAFF REPORT 2018-UV1-002 (Continued) 80-UV1-132; 1856 North Rural Street; requests variance of use and development standards to

provide for the construction of a convenience store with sale of gasoline, in C-2; granted.

79-UV1-17; 1928 North Rural Street; requests variance of use to provide for a furniture refinishing

business; granted.

74-UV2-4; 1960 Rural Street; requests variance of use and setback requirements to permit

remodeling of existing abandoned service station for retail sales of alcoholic beverages with a pole

sign; granted.

66-V1-13; 1856 North Rural Street; requests variance of use and development standards to provide

for the construction of a gasoline station in U3-H4-A-1; granted.

EDH

*******

39


40


41

2018-UV1-002; Photographs (Subject Site)

Photo 1: Kessler Boulevard East Drive, facing west.

Photo 2: Kessler Boulevard East Drive, facing east.

42

Photo 3: College Avenue, facing south.

Photo 4: College Avenue, facing north.

43

Photo 5: Eastern transitional yard, general area of proposed dumpster, facing south.

Photo 6: Southern transitional yard, facing east.

44

STAFF REPORT



Case Number: 2018-UV2-001 Address: 2602 East 10th Street and 1009 North Temple Avenue (approximate

address) Location: Center Township, Council District #17 Zoning: C-3 Petitioner: Tammy M. Bellamy Reddington and Derrick P. Judkins, by Joe Smoker Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for the expansion of an existing tavern (not permitted), within 75 feet of the nearest protected district (100-foot separation required), via a pergola covered 414-square foot sidewalk café along Temple Avenue, requiring the relocation of the Temple Avenue sidewalk, and being 65% of the right-of-way depth (maximum 50% permitted), and to provide for a fence enclosure within the right-of-way (not permitted) for an existing outdoor seating area along 10th Street.

ADDENDUM FOR MARCH 6, 2018 This petition was continued from the March 6, 2018 hearing, and transferred to the March 13, 2018 Board II hearing at the request of the petitioner, due to the lack of a full Board. Staff continues to recommend denial of the petition as proposed. ADDENDUM FOR MARCH 6, 2018 This petition was continued from the February 20, 2018 hearing of Board III, and transferred to the March 6, 2018 hearing of Board I at the request of the petitioner. The petitioner has submitted to the file, the following additional Plan of Operation updates:

1. Hours of the café would be limited to 10pm M-Th and 12am F-Su. 2. No live music or TV’s would be permitted outdoors 3. All lighting associated with the café would be full cutoff, downward shielded fixtures with

the exception of low-voltage accent lighting. 4. All items on the patio would be secured nightly and the premises would be kept free of

litter and rubbish. If permitted, Staff would recommend limiting the café hours to 10:00pm on Sunday–Thursday, and to 11:59pm on Friday–Saturday. (Continued)

45

STAFF REPORT 2018-UV2-001 (Continued) In addition, the petitioner has submitted letters of support from area residents, neighborhood organizations, tavern patrons, and City County Councilor Zach Adamson.

Staff continues to be concerned with the excessive expansion of the private business into the public right-of-way of Temple Avenue. This expansion would relocate the existing sidewalk to the curb edge of Temple Avenue, eliminating a desirable existing separation of the sidewalk from the street. Therefore, Staff continues to recommend denial of the petition as proposed. ADDENDUM FOR FEBRUARY 20, 2018 This petition was continued from the February 13, 2018 hearing of Board II, and transferred to the February 20, 2018 hearing of Board III at the request of the petitioner. No new information has been provided to the file. February 13, 2018 RECOMMENDATIONS

Staff recommends denial of this petition as proposed. Staff would recommend approval of the request, if the request for a pergola covered 414-square foot sidewalk café along Temple Avenue, requiring the relocation of the Temple Avenue sidewalk, and being 65% of the right-of-way depth was removed from the petition. Staff would recommend that any variance grant be subject to a commitment for the site plan, or an amended site plan to be submitted for Administrator’s Approval within 30 days of the hearing grant, and prior to the submittal of an Improvement Location Permit. Said amended site plan, at a minimum, shall show the removal of the proposed pergola covered 414-square foot sidewalk café along Temple Avenue. SUMMARY OF ISSUES

The following information was considered in formulating the recommendation:

LAND USE

The subject site is zoned C-3 and is currently improved with an existing tavern and associated parking. The subject site is adjacent to a single-family dwelling to the north within the D-5 district. The tavern and proposed outdoor patio directly east of a dental office zoned MU-1, parking is directly east of a Head Start school, zoned D-5 and MU-1. The subject site is adjacent to a vacant commercial building and a single-family dwelling to the south in the C-3 district. The subject site is adjacent to a two-family dwelling to the east in the C-3 district.

The Highland Brookside Housing Improvement and Neighborhood Plan recommends Retail / Office uses for the site.

(Continued)

46


VARIANCE OF USE

This request would provide for the expansion of an existing tavern, within 75 feet of the nearest protected district, via a proposed storage addition and a proposed pergola covered 414-square foot sidewalk café along Temple Avenue.

The Ordinance prohibits taverns within the C-3 zoning district if they are located within 100 feet of a protected district, in order to reduce negative impacts, such as an increase in traffic, noise and litter on those protected districts.

The proposed storage addition would be located on the northside of the existing building, on the subject site in a portion of the existing parking lot. The proposed storage addition would be a minor deviation from the Ordinance because it would be internal to the building and accessed through the back of house operations. There would be no outside issues generated by the addition.

The proposed pergola covered sidewalk café would be located approximately 75 feet from the D-5 district to the north, including 120 feet from the nearest dwelling unit, and 90 feet to the Head Start educational facility.

In 2006, a Certificate of Legal Non-Conforming Use for a tavern located within 100 feet of a protected district was approved (2006-LNU-025). Evidence supplied with the petition indicated the tavern had been legally initiated and in continuous operation without any expansion or changes since April 8, 1969. The proposed expansion of the tavern would nullify the LNCU certificate.

The petitioner has submitted a Plan of Operation, file-dated January 19, 2018. To summarize, the petitioner indicates the number of employees, the typical hours of operation, typical delivery schedule, and availability of parking. The submitted Plan of Operation does not provide any information indicating the extent of the use of the patio and the tavern expansion. Nor have any commitments been provided to lessen the impact of the proposed use.

Staff is concerned with the expansion of the pergola covered 414-square foot sidewalk café within the right-of-way of Temple Avenue, as it would relocate the existing sidewalk to the curb edge of Temple Avenue, eliminating a desirable existing separation of the sidewalk from the street. The existing separated sidewalk is approximately six feet wide, while the relocated sidewalk appears to be five feet wide. The reduction in size of the proposed sidewalk would also reduce separation from the street and provide less safety and perceived safety for pedestrians near an intersection.

The petitioner has also requested to provide for an approximately 423-square foot patio along the 10th Street frontage, providing for a total 837 square feet of patio dining in two locations, without any increase in parking to provide for the additional service area.

Further expansion of the intensity of the tavern use to include the pergola covered 414-square foot sidewalk café within the right-of-way of Temple Avenue, would not be supportable. Taverns are especially incompatible with adjacent residential districts due to their typical late-night hours, noise-generating activities, and other externalities.

(Continued)

47


The petitioner’s proposed findings indicate the tavern has existed since approximately 1900, and has no room for expansion due to the limited existing parking area. In Staff’s opinion, the tavern use has existed for approximately 117 years without the need for any patio expansion along Temple Avenue. The 10th Street frontage provides for approximately 423 square feet of patio space as an expansion, without any negative impact on the protected district to the north, or use of the existing parking lot. No practical difficulty in the use of this property would result from the denial of this variance request.

VARIANCE OF DEVELOPMENT STANDARDS

This request would provide for the proposed pergola covered 414-square foot sidewalk café to cover 65% of the right-of-way depth to the street pavement edge, where a maximum of 50% is permitted, requiring the relocation of the Temple Avenue sidewalk.

The proposed encroachment would relocate the existing sidewalk to the edge of Temple Avenue. The proposed sidewalk location would eliminate a desirable existing buffer from street traffic, or from traffic exiting the dental office from the driveway to the west.

Therefore, Staff recommends denial of the request to provide for the proposed pergola covered 414-square foot sidewalk café to cover 65% of the right-of-way depth to the street pavement edge.

This request would also provide for a fence enclosure within the right-of-way for an existing outdoor seating area along 10th Street.

The proposed fence would encroach approximately one foot into the right-of-way. The approximate one-foot encroachment would be a minor deviation from the Ordinance because a reasonable separation would still be provided between the fence and public sidewalk, and the majority of the outdoor seating area along 10th Street, would be located on the subject site.

GENERAL INFORMATION

EXISTING ZONING AND LAND USE

C-3 Tavern


North - D-5 Single-Family Dwelling South - C-3 Commercial uses East - C-3 Two-family Dwelling West - MU-1 / D-5 Dental Office / Head Start school

COMPREHENSIVE PLAN The Highland Brookside Housing Improvement and Neighborhood Plan recommends Retail/Office uses for the site.

(Continued)

48


THOROUGHFARE PLAN This portion of East 10th Street is classified in the Official Thoroughfare Plan for Marion County, Indiana as a Primary Arterial with a 50-foot existing and proposed half right-of-way.

This portion of Temple Avenue is classified in the Official Thoroughfare Plan for Marion County, Indiana as a Local Street with a 30-foot existing and proposed half right-of-way.

SITE PLAN

PLAN OF OPERATION

FINDINGS OF FACT

File-dated January 9, 2018

File-dated January 19, 2018

File-dated January 9, 2018 ZONING HISTORY 2006-LNU-025; 2604 East 10th Street (subject site), requested a Certificate of Legal Nonconforming Use of a tavern located within 100 feet of a protected district, approved. 2017-ZON-079; 948, 956 and 960 North Rural Street and 955, 959 and 960 Eastern Avenue (south of site), requested the rezoning of 0.46 acre from the C-3 district to the D-5 classification, approved. 2013-UV1-010; 2630 East 10th Street (east of site), requested a variance of use of the Commercial Zoning Ordinance to provide for a tattoo parlor, within 500 feet of a dwelling district, and without the grant of a special exception, granted, subject to commitment limiting it to petitioner. 2005-UV2-001; 2626 East 10th Street (east of site), requested a variance of use of the Commercial Zoning Ordinance to legally establish a 1,949-square foot, two-story single-family dwelling, with a 189-square foot attached front porch, with a 576-square foot detached garage and a 140-square foot shed, and to provide for a 396-square foot carport attached to the south side of the existing garage, granted. 2004-HOV-071; 960 Eastern Avenue (south of site), requested a variance of use and development standards of the Commercial Zoning Ordinance to legally establish a 1,616 square-foot dwelling, granted. 98-NC-94; 2616 East 10th Street (east of site), requested a Certificate of Legal Nonconforming Use of a conversion and use of a four-family dwelling, approved. 85-UV1-88; 2536 East 10th Street (west of site), requested a variance of use of the Commercial Zoning Ordinance to provide for a restaurant in an existing building, granted. RU *******

49


50


51

2018-UV2-001; Plan of Operation

52


Subject site looking north

Subject site, location of proposed pergola covered 414-square foot sidewalk café along Temple

Avenue, looking east

53

Subject site, location of proposed pergola covered 414-square foot sidewalk café along Temple

Avenue, looking north

Subject site, location of fence enclosure within the right-of-way for an existing outdoor seating area

along 10th Street, looking east.

54

Subject site, location of parking lot and storage room addition, looking south.

Adjacent single-family dwelling to the north, looking east

55

Adjacent Head Start educational facility to the west

Adjacent commercial to the west, looking north

56

Adjacent, vacant commercial use to the south.

Adjacent duplex dwelling to the east, looking north

57

STAFF REPORT


Current Planning Section Case Number: 2017-DV2-007 Address: 5049 East 38th Street (approximate address) Location: Center Township, Council District #9 Zoning: C-3 Petitioner: Bodner 38E, LLC, by Joseph D. Calderon Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the building addition and a drive-through unit and stacking spaces along a right-of-way wider than 30 feet (not permitted), with a zero-foot front setback, without landscaping (10-foot front setback, with landscaping required), and with three stacking spaces before and one stacking space after the drive-through service unit (four and two stacking spaces required, respectively).

ADDENDUM FOR MARCH 13, 2018 This petition was continued from the September 12, 2017 to the March 13, 2018 hearing, at the request of the petitioner’s representative. Subsequently, in an e-mail dated February 19, 2018, the petitioner’s representative indicates that the petitioner is withdrawing this petition, requiring only the acknowledgment of the Board. ADDENDUM FOR SEPTEMBER 12, 2017 This petition was continued from the June 13, 2017 hearing, to the September 12, 2017 hearing, with additional notice, at the request of the petitioner, in order to continue discussions with the neighbors, the restaurant’s operator, and Staff. No new information has been submitted to Staff since that time. The petitioner is requesting that this petition be continued from the September 12, 2017 hearing, to the March 13, 2018 hearing, with additional notice, in order to satisfy the potential needs of its tenant. Staff has no objection to this request. ADDENDUM FOR JUNE 13, 2017 This petition was continued from the May 9, 2017 hearing, to the June 13, 2017 hearing at the request of the petitioner, due to the lack of a five-member Board. No new information has been submitted to Staff since that time. May 9, 2017 This petition was automatically continued from the April 11, 2017 hearing, to the May 9, 2017 hearing at the request of the petitioner.

(Continued)

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STAFF REPORT 2017-DV2-007 (Continued) RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 1.4-acre site, zoned C-3, is developed with a multi-tenant commercial building and surrounding parking lot. There are two curb cuts on Bancroft Street, one curb cut on 38th Street, and one curb cut on Emerson Avenue. The building addition and drive-through unit would be constructed on the west side of the building and would utilize the two curb cuts onto Bancroft Street for ingress and egress.

The 1998 United North East Neighborhood Plan recommends commercial (retail and service) for the site and for properties to the north and east. The Plan recommends low-density residential for the property to the south and commercial (office) for the property to the west of Bancroft Street.


This request would permit a building addition and a drive-through unit, with stacking spaces on the western edge of the property. The building would be setback approximately twelve feet from the property line. The drive-through lane would have a zero-foot setback. There would be no landscaping on the subject property, only a landscaping strip in the public right-of-way. There would be deficient stacking spaces both before and after the drive-through service unit.

Staff recommends denial of all portions of this request. Staff believes that the property is already built to its maximum capacity, and that the existing building should not be expanded. Therefore, Staff thinks that the building addition, drive-through unit, and stacking spaces fronting along the Bancroft Street right-of-way would be inappropriate. While a commercial business exists directly to the west of the subject property, Bancroft Street is primarily a local residential neighborhood street, and should not be used for commercial traffic. Allowing this variance would lead to over-development of the site, which would in turn create a negative impact for surrounding residential property owners in the immediate vicinity, as well as those residences further south that use Bancroft Street to access 38th Street and the larger road network.

(Continued)

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STAFF REPORT 2017-DV2-007 (Continued)

Staff believes that a zero-foot front setback, without landscaping, would be inappropriate in this situation. The proposed development would necessitate the removal of the two trees to the west of the existing building. Additionally, the drive-through lane would be built right next to an existing utility pole in the public right-of-way. A drive-through in proximity to a pedestrian access route could lead to increased vehicular-pedestrian conflicts. The lack of appropriate space for vehicle stacking could also lead to conflicts between those vehicles stacking for the drive-through and other vehicles maneuvering within the commercial shopping center. Staff thinks that any hardship necessitating the reduced setback, lack of landscaping, and reduced stacking spaces would be self-imposed by trying to add additional tenant space where there is not room to do so.

Additionally, Staff has concerns that the headlights of the vehicles using the drive-through would shine into the residential area to the south and southwest when exiting the drive-through lane. Staff does not think that the privacy fence, as proposed, would address these headlight concerns for the surrounding neighboring properties along the western side of Bancroft Street. Staff also does not want to encourage vehicles to traverse the service area behind the building for exiting onto Emerson Avenue, as this might lead to conflicts with delivery vehicles.

In regard to pedestrian activity, Staff believes that a drive-through located at the entrance to a residential street would not be appropriate, especially with neighbors walking north on Bancroft Street, a street without sidewalks. Staff believes that this proposal would harm future pedestrian use of Bancroft Street. This property is located on a proposed IndyGo bus rapid transit (BRT) line. When the BRT opens, there will be high pedestrian traffic, and nearby sites need to support pedestrian-oriented land uses and infrastructure. Staff believes that drive-through units are inappropriate in these areas. Additionally, 38th Street, from Fall Creek Parkway to Arlington Avenue, has a high incidence of pedestrian crashes and fatalities, and it is being targeted for pedestrian infrastructure improvements by the Department of Public Works. The intersection of 38th Street and Emerson Avenue is in one of the “Pedestrian Crash Zones” identified through the state’s ARIES crash database. Any variance from the development standards requested could endanger pedestrians and exacerbate poor quality walking environments.

GENERAL INFORMATION COMPREHENSIVE PLAN The 1998 United North East Neighborhood Plan

recommends commercial (retail and service). EXISTING ZONING AND LAND USE

C-3 Commercial structure and parking lot SURROUNDING ZONING AND LAND USE

North - C-3 Commercial structures and parking lots South - C-3 Single-family dwelling and commercial East - C-5 Commercial restaurant West - SU-20 Telephone exchange

(Continued)

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STAFF REPORT 2017-DV2-007 (Continued) THOROUGHFARE PLAN This portion of 38th Street is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a primary arterial, with a 55-foot existing right-of-way and a 72-foot proposed right-of-way.

This portion of Bancroft Street is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a local street, with a 50-foot existing right-of-way and a 50-foot proposed right-of-way.

This portion of Emerson Avenue is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a primary arterial, with a 94-foot existing right-of-way and a 94-foot proposed right-of-way.

SITE PLAN (AMENDED) File-dated May 1, 2017. PLAN OF OPERATION (AMENDED) File-dated May 1, 2017. FINDINGS OF FACT File-dated March 3, 2017. ZONING HISTORY - SITE NONE ZONING HISTORY – VICINITY 94-V1-42; 5009 East 38th Street (west of site), variance of development standards of the Sign Regulations to provide for the placement of a two-sided ground sign six feet in height, granted. 2006-VAR-806; 5102 and 5150 East 38th Street (northeast of site), variance of development standards of the Sign Regulations to provide for a 24-foot tall, 108 square-foot pylon sign with 41.89 square-foot electronic variable message sign component and a variance of development standards of the Commercial Zoning Ordinance to provide for the sale of alcohol within 93 feet of a protected district and to allow a trash enclosure in front of the established building line along Grand Avenue, granted. 2007-DV3-005; 3735 North Emerson Avenue (southeast of site), variance of development standards of the Wireless Communications Zoning Ordinance to provide for the construction of a wireless communication facility, a) with a 150-foot tall monopole tower, b) with a 54-foot south side transitional setback, c) with a 23-foot rear transitional setback, d) with a zero-foot south transitional yard with zero-landscaping or screening, e) with zero-landscaping or screening in the required ten-foot rear transitional yard, granted. MRL

*******

61


62

2017-DV2-007; Western Property Line

63

2017-DV2-007; Amended Site Plan

64

2017-DV2-007; Amended Plan of Operation

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2017-DV2-007; Marion County Pedestrian Crash Data

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2017-DV2-007; Pedestrian Crash Map (Two Year Snapshot)

67

2017-DV2-007; Photographs

Photo 1: Existing commercial building, looking southeast.

Photo 2: Existing commercial building, looking south.

68

Photo 3: West side of property, looking south along Bancroft Street. Lack of sidewalks on both sides.

Photo 4: Property to the west of the site’s northern curb cut, looking west.

69

Photo 5: Location of proposed addition and drive-through lane, looking south. Trees to be removed.

Photo 6: Vacated alley to the south of the property, looking east.

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Photo 7: Dwelling directly to the east of the proposed drive-through lane, looking south.

Photo 8: Bancroft Street and dwellings in the immediate vicinity of the proposal, looking southwest.

71

Photo 9: Alley to the west of the proposed development, looking west. Lack of sidewalks in area.

Photo 10: Location of proposed drive-through lane, directly next to utility pole, looking north.

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STAFF REPORT


Case Number: 2017-DV2-041 Address: 1310 Sturm Avenue (approximate address) Location: Center Township, Council District #17 Zoning: D-5 Petitioner: James Rivers, by Lauren Shaifer Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a 29-foot tall detached garage, with a secondary dwelling (maximum height 29 feet, accessory structure cannot be taller than the primary building), creating an open space of 50% (minimum 60% permitted), and with an entrance door of the secondary dwelling not visible to a public way (not permitted).

ADDENDUM FOR MARCH 13, 2018 On February 12, 2018, the petitioner provided new elevations and floor plan that would reduce the scope of the request. Subsequently, the petitioner requested that this petition be continued from the February 13, 2018 hearing to the March 13, 2018 hearing to allow for adequate Staff review. Staff determined that the amended plans would not require a variance related to the height of the structure, as the petitioner claims it would match the height of the existing 22-foot tall primary dwelling, as well as the entry visibility standard. Therefore, only the open space reduction would be required. Given that the amended plans alleviate Staff concerns regarding open space outlined below, Staff recommends approval of the request. ADDENDUM FOR FEBRUARY 13, 2018 It has come to Staff’s attention that the proposed structure would have a height of 29 feet, rather than the originally noticed 38.5 feet. Accessory structure heights are limited to either 29 feet, or the height of the existing primary structure, whichever is less. Staff has requested the height of the existing dwelling, however, this information has not been provided by the petitioner. Staff believes the existing dwelling to be significantly shorter than 29 feet in height. Therefore, Staff continues to recommend denial of the request. January 9, 2018 RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES

LAND USE ISSUES

This 0.10-acre lot, zoned D-5, is currently improved with a single-family dwelling. The subject site is surrounded on all sides by single-family dwellings, within the D-5, D-8 and D-P Districts.

(Continued)

73


The Highland-Brookside Neighborhood Plan (1993) recommends low density single-family development, with a density of 2-5 units per acre. The request would represent a density of 20 units per acre. The subject site is located within the Compact Context Area of Marion County.

As proposed, the request would allow for the construction of a carriage house, with a secondary dwelling, which exceeds the maximum height for accessory structures, and deficient open space. The secondary dwelling would not possess an entry door visible from a public right-of-way, as required.


Development standards of the Dwelling Districts Zoning Ordinance, specifically those relating to accessory buildings, are intended to ensure the dwelling remains the primary use of the property. Limiting the size and height of accessory structures preserves open space and regulates the building mass impact to surrounding property owners. Open space requirements help maintain consistent development patterns by discouraging the overdevelopment of lots.

Secondary dwellings are required to ensure their main entry is visible from a public right-of-way in order to preserve safety and eliminate confusion during responses from emergency services.

The petition indicates that the excessive height is due to topographic issues. GIS contour data does not indicate atypical grade issues that could not be resolved with standard construction grade work, nor have topographic maps been provided to substantiate this claim. Given this, Staff believes there to be a lack of practical difficulty warranting a deviation from the Ordinance.

The general area of the subject site is characterized by large dwellings with detached garages on substandard lots. Subsequently, Staff believes some deviation of the open space requirement would be reasonable. However, the proposed carriage house, at the requested height, would be atypical of the neighborhood. Staff believes the construction of the carriage house would be counter to the intent of the open space standard in relation to building mass management and development pattern preservation.

As proposed, the garage doors would face the alley, whereas the secondary dwelling entry would face south, towards the primary dwelling. The use-specific standards that permit secondary dwellings to be located within the Compact Context Area require secondary dwelling entries to be visible from a public right-of-way. Staff does not believe a practical difficulty to have been identified, and that orienting a secondary dwelling in such a manner would represent not only overdevelopment of the site, but also a safety concern.

(Continued)

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STAFF REPORT 2017-DV2-041 (Continued) GENERAL INFORMATION EXISTING ZONING AND LAND USE

D-5 Single-family dwelling


North - D-P Single-family dwelling South - D-8 Single-family dwelling East - D-5 Single-family dwelling West - D-5 Single-family dwelling

COMPREHENSIVE LAND USE PLAN

The Highland-Brookside Neighborhood Plan (2005) recommends low density residential development, with a density of 2-5 units per acre.

THOROUGHFARE PLAN This portion of Sturm Avenue is classified as a local street in the Marion County Thoroughfare Plan, with an existing and proposed 50-foot right-of-way.

SITE PLAN

FINDINGS OF FACT

File-dated October 9, 2017.

File-dated October 9, 2017.

ZONING HISTORY - SITE None ZONING HISTORY – VICINITY None.

EDH *******

75


76


77

2017-DV2-041; Amended Elevation

78


Photo 1: Sturm Avenue, facing west.

Photo 2: Sturm Avenue, facing east.

79

Photo 3: Subject site, facing north.

Photo 4: South side of alley abutting subject site.

80

Photo 5: North side of alley abutting subject site.

Photo 6: Rear yard of subject site, facing south.

81

STAFF REPORT


Current Planning Section Case Number: 2017-DV2-045 (AMENDED) Address: 3014 North Sherman Drive (approximate address) Location: Center Township, Council District #17 Zoning: C-3 / C-4 Petitioner: Vertical Bridge Development, LLC, by Jay Suriano Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a wireless communications facility, with a 125-foot tall monopole tower, with a five-foot lightning rod (maximum 70-foot tall tower).

ADDENDUM FOR MARCH 13, 2018 This petition was continued from the February 13, 2018 hearing of Division II, to the March 13, 2018 hearing, at the request of Staff, to provide adequate review of information submitted by the petitioner on February 13, 2018. The amended site plan, file-dated February 13, 2018, indicates that the landscaping and barbed wire request would be withdrawn. However, Staff concerns, outlined below, remain, therefore, Staff continues to recommend denial of the request. Amended Petition: This petition was amended to remove the request for the Variance of development standards to provide for barbed wire, and a lack of landscaping. The original petition requested, “... without landscaping; (landscaping required), and with barbed wire (not permitted).” Additional notice would not be needed, as the request would now deviate less from the Ordinance than the original notice. ADDENDUM FOR FEBRUARY 13, 2018 This petition was continued from the January 9, 2018 hearing, to the February 13, 2018 hearing at the request of the petitioner. The petitioner’s representative has submitted an email to Staff indicating the petition is to be amended and information concerning the amendment would be provided to the file. At the time of publication, no new information has been provided. (Continued)

82

STAFF REPORT 2017-DV2-045 (Continued) ADDENDUM FOR JANUARY 9, 2018 This petition was continued, at the request of the petitioner, to the January 9, 2018 hearing. At the December 18, 2017 hearing, the petitioner did withdraw the request for barbed wire and a lack of landscaping. No additional information has been submitted to the file. December 18, 2017 RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

This 0.99-acre site, zoned C-3 and C-4, is developed with an automotive repair facility, and associated parking lot. Commercial uses in the C-4 Zoning District are located to the west and south of the site. Commercial uses in the C-3 Zoning District are located to the north and east of the site.


This request would permit a 125-foot tall monopole tower, with a five-foot lightning rod, without landscaping, and with barbed wire on the perimeter fencing, within the C-4 zoned portion of the site. The Wireless Communications Zoning Ordinance limits the placement and height of monopole communications towers based on the zoning classification in which the tower is located. In a C-4 district, the Ordinance would permit a 90-foot tall freestanding wireless communications tower, if the tower were located more than 500 feet from a protected district or greenway. If a tower is proposed within 500 feet of a protected district or greenway, the maximum height permitted for the tower would be five feet higher than the building height permitted by the applicable zoning district. The maximum structure height in the C-4 district would be 65 feet; therefore, a 70-foot tall tower would be permitted at the subject site.

There are five protected districts located within 500 feet of the proposed site. To the southwest of the subject site, approximately 250 feet, is a D-5 Zoning District, containing single-family dwellings. To the northwest of the site, approximately 260 feet, is a D-5 Zoning District, containing single-family dwellings and undeveloped lots. To the east of the subject site, approximately 380 feet, is a D-5 Zoning District, containing single-family dwellings. To the southeast of the site, approximately 450 feet, is a D-5 Zoning District containing single-family dwellings. To the west of the site approximately 480 feet, is a SU-1 Zoning District, containing a religious use.

(Continued)

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The Ordinance recognizes that there are C-4 districts in which a 125-foot tall communications tower would be appropriate, beyond 500 feet of a protected district or greenway. However, given the site’s proximity to the surrounding residential and religious uses, the height of the proposed tower would be inappropriate. The Ordinance limits the height of wireless communications facilities in dwelling districts because of the potential impact such a tower would have on residential development. While it is recognized that there are existing commercial uses on Sherman Avenue, these uses are limited in height. A 125-foot tall tower would become the dominant feature within the sight line of the surrounding dwellings and would introduce a heavy commercial aesthetic into an otherwise typical residential neighborhood.

The purpose of the Wireless Communications Zoning Ordinance (WCZO) is to provide comprehensive service, while protecting the community from clutter and unaesthetic design. The WCZO also encourages the facilities to be as unobtrusive and invisible as reasonably possible, by using designs and colors that are compatible with the adjacent land uses. As this proposal would just provide for a standard monopole tower and antenna array, the purpose of the WCZO would not be met.

The Ordinance would require a landscaped yard around the entire perimeter of the tower site to screen the equipment from view. The request proposes no landscaping or screening. The on-site building, and adjacent buildings would not screen the compound from North Sherman Drive, East 30th Street, or the protected districts to the southwest and northwest. Because of the site’s proximity to the residential and special uses, all four sides of this site should have a dense screen of evergreen trees, which should be maintained at all times.

The leased compound area would be a square configuration, 50 feet by 50 feet, surrounded by a six-foot tall chain link fence, with three strands of barbed wire. An asphalt easement is proposed from North Sherman Drive, along with access from a public right-of-way alley to the west.

Staff believes that the proximity of the tower to five different protected districts, including residential uses and religious uses, would be inappropriate because it would impact the adjacent properties more than the property upon which the tower would be located.


C-3 / C-4 Automotive Repair


North - C-4 Commercial uses South - C-4 Liquor store / parking lot East - C-3 Commercial uses West - C-4/D-5 Automotive Repair

NEIGHBORHOOD PLANNING AREA (1998)

The United North East Neighborhood Plan recommends Commercial retail and service uses for the site.

(Continued)

84


THOROUGHFARE PLAN This portion of North Sherman Drive is designated in the Official Thoroughfare Plan as a primary arterial, with an existing and proposed 35-foot half right-of-way.

SITE PLAN (AMENDED

ELEVATION (AMENDED)

FINDINGS OF FACT

File-dated, February 13, 2018


File-dated, February 13, 2018 ZONING HISTORY 2000-ZON-036; 3818 East 30th Street (east of site), requested the rezoning of 0.10 acre from D-5 to C-3 top provide for an existing tavern’s parking lot, approved. 96-Z-15; 2942-2978 North Sherman Drive (south of site), requested the rezoning of 1.2 acres from D-5 and C-3 to SU-9 to provide for a fire station, approved. 95-UV2-80; 3020 North Sherman Drive (subject site), requested a variance of use to provide for the continued operation of an automobile sales lot, towing services, variety store and automobile repair facility, granted. 93-UV1-39; 3105 North Sherman Drive (north of site), requested a variance of use of the Dwelling Districts Zoning Ordinance to provide for minor vehicle car repair, engine cleaning, hand car washing and the sale of used tires, granted. 93-UV3-108; 3708 East 30th Street (west of site), requested a variance of use and development standards of the Commercial Zoning Ordinance to permit an outdoor automobile sales operation with outdoor display of vehicles with a landscape strip five feet in width, granted. 91-UV2-51; 3036 North Sherman Drive (north of site), requested a variance of use to permit the expansion of an existing facility to provide for storage of materials used in conjunction with the operation of a wholesale and retail sales of automotive repair equipment business, granted. 82-UV1-61; 3006-3020 North Sherman Drive / 3734-3738 East 30th Street (includes subject site), requested a variance of use to permit the operation of a radiator repair and towing service, granted. 78-UV3-6; 3734 East 30th Street / 3020 North Sherman Drive (includes subject site), requested a variance of use and development standards to continue operation of an open-air automobile sales lot, granted. RU *******

85

STAFF REPORT 2017-DV2-045 (Continued) 2017-DV2-045; Location Map

86


87

2017-DV2-045; Compound Map

88

2017-DV2-045; Tower Elevation

89


Subject site looking west from Sherman Drive

Subject site looking north from East 30th Street

90

Subject site, compound location, looking west

Single family residential to the northeast of subject site

91

Adjacent commercial retail, to the south of subject site, looking north

Adjacent commercial to the east of subject site

92

STAFF REPORT


Current Planning Section Case Number: 2017-DV2-046 (AMENDED) Address: 10202 East Washington Street (approximate address) Location: Warren Township, Council District #19 Zoning: C-4 Petitioner: Vertical Bridge Development, LLC, by Jay Suriano Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a wireless communications facility, with a 150-foot tall monopole tower, with a five-foot lightning rod, without landscaping (maximum 23-foot tall tower along a transitional yard; landscaping required), and with barbed wire (not permitted).

ADDENDUM FOR MARCH 13, 2018 This petition was continued from the February 13, 2018 hearing of Division II, to the March 13, 2018 hearing, at the request of Staff, to provide adequate review of information submitted by the petitioner on February 13, 2018. The amended site plan, file-dated February 13, 2018, indicates that the landscaping and barbed wire request would be withdrawn. However, Staff concerns, outlined below, remain, therefore, Staff continues to recommend denial of the request. Amended Petition: This petition was amended to remove the request for the Variance of development standards to provide for barbed wire, and a lack of landscaping. The original petition requested, “... without landscaping; (landscaping required), and with barbed wire (not permitted).” Additional notice would not be needed, as the request would now deviate less from the Ordinance than the original notice. ADDENDUM FOR FEBRUARY 13, 2018 This petition was continued from the January 9, 2018 hearing, to the February 13, 2018 hearing at the request of the petitioner. The petitioner’s representative has indicated that the petition would be amended, and information concerning the amendment would be provided to the file. At the time of publication, no such information has been provided. Therefore, Staff continues to recommend denial of the request. (Continued)

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STAFF REPORT 2017-DV2-046 (Continued) January 9, 2018 This petition was continued, at the request of a registered neighborhood organization, from the December 12, 2017 hearing, to the January 9, 2018 hearing. RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

The proposed site is addressed as 10202 East Washington Street, but is located adjacent to North Mitthoefer Road in the 900 block. The site is part of a larger 51-acre site, zoned C-4, and is developed with a commercial shopping mall, and associated parking lot. Commercial uses in the C-4 Zoning District are located to the north, east and south of the site. A religious use in the SU-1 Zoning District is located to the west of the site.


This request would permit a 150-foot tall monopole tower, with a five-foot lightning rod, without landscaping, and with barbed wire on the perimeter fencing, along a transitional yard. The regulations for a Wireless Communications facility mostly limits the placement and height of monopole communications towers based mostly on the zoning classification and separation from protected districts. In a transitional yard of a C-4 district, the Ordinance would permit a 23-foot tall freestanding wireless communications tower. A transitional yard is required due to the religious use, zoned SU-1, to the west of the site.

The Ordinance recognizes that there are C-4 districts in which a 150-foot tall communications tower would be appropriate. However, given the site’s proximity to a primary arterial, and an adjacent religious use, the height of the proposed tower would be inappropriate. The Ordinance limits the height of wireless communications facilities in commercial districts because of the potential impact such a tower would have on adjacent development. While it is recognized that there are existing commercial uses on this portion of North Mitthoefer Road, these uses are limited in height. A 150-foot tall monopole tower would become the dominant feature within the sight line of the surrounding properties.

The purpose of the Consolidated Zoning and Subdivision Ordinance (CZSO) is to provide comprehensive service, while protecting the community from clutter and unaesthetic design. The CZSO also encourages the facilities to be as unobtrusive and invisible as reasonably possible by using designs and colors that are compatible with the adjacent land uses. As this proposal would just provide for a standard monopole tower and antenna array, the purpose of the CZSO would not be met.

(Continued)

94


The Ordinance would require a landscaped yard around the entire perimeter of the tower site to screen the equipment from view. The request proposes no landscaping or screening. There are no adjacent building or structures to screen the compound from North Mitthoefer Road, or the protected district to the west. Because of the site’s lack of natural screening, and proximity to a special use, all four sides of this site should have a dense screen of evergreen trees, which should be maintained at all times.

The leased compound area would be a 50-foot by 50-foot, surrounded by a six-foot tall chain link fence, with three strands of barbed wire. An asphalt access easement is proposed from an internal north-south drive within the commercial center.

Staff believes that the location of the tower in a transitional yard and along a secondary arterial would be inappropriate because it would impact the adjacent properties more than the property upon which the tower would be located.


C-4 Undeveloped / Commercial Shopping center


North - C-4 Commercial Shopping center South - C-4 Commercial Shopping center East - C-4 Commercial Shopping center West - SU-1 Religious uses

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Warren Township (2005) recommends regional commercial uses for the site.

THOROUGHFARE PLAN This portion of North Mitthoefer Road is designated in the Official Thoroughfare Plan as a secondary arterial, with an existing and proposed 52-foot half right-of-way.

SITE PLAN

ELEVATION

FINDINGS OF FACT



File-dated, February 13, 2018 ZONING HISTORY 2010-UV1-014; 9930 East 10th Street (north of site), requested a variance of use of the Commercial Zoning Ordinance to provide for a pet grooming facility, granted. 2006-UV3-003; 310 North Mitthoefer Road (south of site), requested a variance of use of the Commercial Zoning Ordinance to provide for a beauty salon use, within an existing single-family dwelling, with proposed off-street parking, granted. (Continued)

95

STAFF REPORT 2017-DV2-046 (Continued) 2000-DV1-043; 10220 East Washington Street (south of site), requested a variance of development standards of the Sign Regulations to provide for a 14 x 48-foot advertising sign, located 350 feet from an existing advertising sign, denied. 99-SE3-4; 10202 East Washington Street (east of site), requested a Special Exception of the Commercial Zoning Ordinance to provide for the placement of more than four amusement machines, to be associated with an interactive attractions facility, proposed within an existing shopping mall, approved. 97-UV1-50; 10202 East Washington Street (east of site), requested a variance of use of the Commercial Zoning Ordinance to provide for the operation of an indoor automobile sales and leasing facility, approved. 91-Z-56, 334 North Mitthoefer Road (south of site), rezoning of five acres from D-A to C-S classification to provide for a self-storage warehouse facility; approved. RU *******

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STAFF REPORT 2017-DV2-046 (Continued) 2017-DV2-046; Location Map

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98

2017-DV2-046; Compound Map

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2017-DV2-046; Tower Elevation

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Subject site, compound location, looking west

Subject site looking north

101

Religious use to the west of subject site

Commercial use to the east of subject site

102

STAFF REPORT


Current Planning Section Case Number: 2017-DV2-047 Address: 8010 West Washington Street (approximate address) Location: Wayne Township, Council District #22 Zoning: MU-1 Petitioner: CD Patel, by David Kingen and Justin Kingen Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for and legally establish a building height of less than 25 feet, a building height of 55 feet, and to provide for 107 parking spaces (25-foot minimum and 45-foot maximum height required and 124 parking spaces required).

ADDENDUM FOR MARCH 13, 2018 This petition was continued from the February 13, 2018 hearing of Division II, to the March 13, 2018 hearing of Division II, in order to provide notice for an amendment to the petition. As indicated below, Staff has determined that the parking reduction would not be necessary, as the minimum amount of parking required is provided on the site plan, file-dated February 5, 2018. Given that this site is an atypical mixed-use zoned site, given the lack of integration with other commercial development and on-street parking, Staff recommends approval of the request. ADDENDUM FOR FEBRUARY 13, 2018 An amended site plan, file-dated February 5, 2018, was submitted by the petitioner which indicates the minimum amount of parking would be provided. Therefore, this portion of the request should be withdrawn. However, some parking spaces are located in front of buildings located on the site, which is not permitted. Subsequently, this petition should be amended, which would require additional notice and a continuance to the March 13, 2018 hearing of Division II. January 9, 2018 The MU-1 District does not have a height limitation on primary buildings, unless they are classified as transitional buildings. Transitional buildings are buildings either located within 100 feet of a shared lot line of a lot improved with a single-family detached dwelling, or that are adjacent to a lot separated by a right-of-way width less than 30 feet, that is improved with a single-family detached dwelling. Given the proposed location of the proposed 55-foot tall hotel, and the 50-foot right-of-way width of Hamblen West Drive, Staff has determined that this portion of the request would not be required. RECOMMENDATIONS Staff recommends approval of the portion of the request related to reduced building height, however, Staff recommends denial of the request related to deficient parking.

(Continued)

103

STAFF REPORT 2017-DV2-047 (Continued) SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

This 3.51-acre lot, zoned MU-1, is currently improved with a motel and associated surface parking. Single-family dwellings, within the D-A District, are located east and north of the subject site. A single-family dwelling, within the C-5 District, is located to the east. A gas station and an adult entertainment business, within the C-5 and SU-46 District, respectively, are located to the south.

The Wayne Township Comprehensive Land Use Plan (2006) recommends airport related mixed use development. The site is located within the Metro Context Area of Marion County.

The request would allow for the construction of a single-story office building shorter than the required 25-foot tall height requirement. A 55-foot tall hotel would also be constructed, resulting in less than the required off-street parking.


Minimum height requirements are intended to promote orderly development and ensure the viability of a structure’s use in accordance with its zoning. While Staff is hesitant to support deviations from this requirement, Staff would note that the site is currently improved with a longstanding motel, which does not meet the current minimum height requirement itself. The proposed office building would match this existing height, therefore, Staff does not believe this portion of the request would represent a significant deviation from the intent of the Ordinance.

As proposed, the site would be required to possess 124 off-street parking spaces. However, only 107 parking spaces are proposed. This represents a 13.7 percent reduction from the Ordinance. Staff does not believe there to be a practical difficulty associated with the site due to the fact that the proposed parking area on the northern portion of the site could be expanded to the west, or the proposed hotel units could be reduced to comply with the requirement. Sites within the Metro Context Area are required to provide all off-street parking spaces on-site. Absent a practical difficulty, Staff believes such variance requests indicate site overdevelopment.


MU-1 Motel SURROUNDING ZONING AND LAND USE

North - D-A Single-family dwelling South - SU-46 and C-5 Adult entertainment and gas station East - C-5 Single-family dwelling West - D-A Single-family dwelling

(Continued)

104

STAFF REPORT 2017-DV2-047 (Continued) COMPREHENSIVE LAND The Wayne Township Comprehensive Land Use USE PLAN Plan (2006) recommends airport related mixed use

development.

THOROUGHFARE PLAN This portion of Hamblen West Drive is classified as a local street, with an existing and proposed 60-foot right-of-way, while this portion of Washington Street is classified as a primary arterial with an existing and proposed 105-foot right-of-way.

SITE PLAN File-dated December 5, 2017.

FINDINGS OF FACT File-dated December 5, 2017. ZONING HISTORY - SITE 2017-PLT-042; 8010 West Washington Street; requests approval of a subdivision plat, to be known as Catalina Commercial Subdivision, dividing 3.51 acres into three lots; approved. ZONING HISTORY – VICINITY 2017-UV3-024; 7960 West Washington Street; requests variance of use and development

standards of the Consolidated Zoning and Subdivision Ordinance to provide for primary and

accessory residential uses, including, but not limited to a single-family dwelling with a four-foot side

setback and a detached garage with a four-foot side setback and 16-foot side transitional setback;

pending.

2013-UV3-023; 8009 and 8013 West Washington Street; requests variance of use and

development standards of the Commercial Zoning Ordinance and the Airport Zoning Ordinance to

provide for the construction of a self-storage facility, with access from streets exterior to the airport,

with parking and buildings within 100 feet of the boundaries of the Airport Special Use District;

granted.

2009-ZON-014; 8009 West Washington Street; requests rezoning of 5.0 acres, from the C-S District

to the C-5 classification to provide for general commercial uses; approved.

2007-ZON-120 / 2017-APP-857; 8018, 8104 and 8218 West Washington Street; requests rezoning

of 35.58 acres, from the C-S (FF) and D-A (FF) to the C-S (FF) classification to provide for an

automobile recycling facility, including retail sales and wholesaling of automobile parts, dismantling of

automobile and outdoor storage of operable and inoperable vehicles, and approval to modify

commitments related to petition 89-Z-214, and to terminate commitment two, which prohibits outdoor

storage; withdrawn.

(Continued)

105


2007-ZON-100; 7910 and 7920 West Washington Street; requests rezoning of 6.2 acres, from the

C-S district, to the C-S classification to provide for C-1, C-2 and C-4 uses, a school, and a daycare;

approved.

2007-HOV-035; 8007 West Washington Street; requests variance of use of the Commercial Zoning

Ordinance to provide for co-location of an additional provided on an existing wireless communications

tower, with the addition of a 345-square foot equipment shelter with a 1.42-foot east side setback;

granted.

2003-ZON-030; 7960 and 8000 West Washington Street; requests rezoning of 1.85 acres, being in

the D-A District, to the C-5 classification to provide for commercial uses; approved.

2001-ZON-043; 8009 West Washington Street; requests rezoning of 4.81 acres from C-S District to

the C-S classification to provide for a 120-foot tall monopole wireless communications tower with

associated equipment cabinets; approved.

99-Z-215; 7910 and 7036 West Washington Street; requests rezoning of 6.38 acres from the C-5

and A-2 Districts to the C-S classification to provide for outdoor display and sales of a maximum of 67

manufactured dwellings and permitted C-5 uses; approved.

99-Z-146; 8120 West Washington Street; requests rezoning of 1.81 acres from the D-5 District to

the C-4 classification to provide for an existing motel; approved.

96-Z-20; 7824 West Washington Street; requests rezoning of 1.0 acre, being in the D-3 District, to

the C-5 classification, to provide for commercial development; approved.

96-HOV-3; 8201 West Washington Street; requests variance of development standards of the Sign

Regulations to provide for a double-sided, non-illuminated pylon sign within 52 feet of a dwelling

district with a decreased setback from Washington Street; granted.

95-Z-169; 8215 West Washington Street; requests rezoning of 3.8 acres from the D-3 District, to the

C-7 classification to provide for commercial uses, including mini-warehouses; approved.

95-UV3-27; 7936 West Washington Street; requests variance of use of the Commercial Zoning

Ordinance to provide for the outdoor display and sales of manufactured homes; granted.

93-UV2-26; 8013 West Washington Street; requests variance of use of the commercial Zoning

Ordinance and the Adult Entertainment Business Zoning Ordinance to expand an existing adult

entertainment business within 500 feet of a dwelling district; granted.

90-Z-147; 8009 and 8013 West Washington Street; requests rezoning of 10.21 acres from C-3, C-5

and SU-41 to the C-S classification to provide for office and warehouse uses, all I-2-S and C-5 uses;

approved.

(Continued)

106


90-V3-116; 8013 West Washington Street; requests variance of use of the Commercial Zoning

Ordinance and the Adult Entertainment Business Zoning Ordinance to permit the construction of an

adult nightclub within 500 feet of a dwelling district; denied.

87-Z-147; 8009 West Washington Street; requests rezoning of 4.81 acres from the D-3 District to

the C-5 classification to correct a mapping error relating to rezoning petition 76-Z-91; approved.

83-UV3-11; 7910 West Washington Street; requests variance of use to permit an addition to an

owner/manager residence quarters/office for a motel; granted.

77-V2-124; 8013 West Washington Street; requests variance of development standards of the

Commercial Zoning Ordinance to permit the erection of an addition to an existing nursing and

convalescent home; granted.

76-Z-91; 8009 West Washington Street; requests rezoning of 4.81 acres from the D-3 District to the

C-75classification to provide for the sale of lawn and garden equipment with storage; approved.

EDH

*******

107


108


109


Photo 1: West Washington Street facing east.

Photo 2: West Washington Street facing west.

110

Photo 3: Facing south across West Washington Street.

Photo 4: Facing north along Hamblen West Drive.

111

Photo 5: Looking west toward proposed office space.

Photo 6: Area of proposed hotel, facing northwest.

112

Photo 7: Area of proposed parking, facing northwest.

Photo 8: Area of ingress to proposed parking area, facing north.

113

STAFF REPORT



Case Number: 2018-DV2-001 (Amended) Address: 833 Birch Avenue (approximate address) Location: Center Township, Council District #16 Zoning: D-5 (RC) Petitioner: Two Chicks and a Hammer, Inc., by Thadeus Starsiak Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a single-family dwelling, with a one-foot side setback, with a one-foot separation between dwellings, and an open space of 43.5% (minimum three-foot side setback, 10-foot separation and 60% open space required).

RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: HISTORY / VARIANCE OF DEVELOPMENT STANDARDS

This 0.072-acre site, zoned D-5, is undeveloped. At some point in the past, this lot was divided from an adjacent lot to the south, at 835 Birch Avenue, which is the subject of 2018-DV2-002. The original plat indicates that the original lot was 40 feet in width. The subject lot is 21 feet in width and has been undeveloped for decades. 835 Birch Avenue is improved with a single-family dwelling.

The surrounding area is characterized as developed with small single-family dwellings, with detached garages and a public park. This park is directly to the west, across Birch Avenue, from the site. The majority of the improved lots are 40 feet in width. The minimum lot width for D-5 lots is 50 feet in width, so there is a practical difficulty in developing the lot without a variance.

The Regional Center Plan 2020 recommends low-density residential, with a density of six to fifteen units per acre.

This request would provide for a single-family dwelling and attached garage, with a one-foot north side setback, one-foot separation between dwellings and 43.5% open space.

Development Standards of the Consolidated Zoning and Subdivision Ordinance, specifically those relating to setbacks and open space, are intended to ensure orderly development and protect surrounding property values, by providing for open buffer areas along lot lines, and to ensure adequate access around buildings.

(Continued)

114


The proposed one-foot north side setback, with a one-foot separation between dwellings, for the single-family dwelling and garage would be a 90 percent reduction from the Ordinance requirement and would not provide adequate space between structures to mitigate any adverse impacts and provide the minimum area necessary for maintenance.

As proposed, the open space would be 43.5% of the lot, meaning 56.5% of the lot would be improved with a structure. Staff understands that a reduction of open space could be warranted, due to the constraints of the lot, however, an open space reduction from 60% required to 43.5% is too large.

NEIGHBORHOOD DEVELOPMENT PATTERN

In addition to the requested variances, the submitted site plan and subsequent confirmed information indicates that the garage would be attached to the dwelling, which is out of character with the neighborhood. The surrounding lots are improved with detached garages at the rear of existing single-family dwellings, if garages exist. The appearance of one, long building on the site gives the impression of a much larger structure than the existing housing stock. Additionally, a driveway leading from the alley to the garage would leave little area for outside enjoyment of the backyard since a majority of the backyard would be paved or graveled.

The variance requests for the one-foot north side setback for the dwelling and garage, the one-foot separation between buildings, and the 43.5% open space for the site, are largely a result of a self-created practical difficulty and would not be appropriate, therefore, Staff recommends denial of this petition.

REGIONAL CENTER OVERLAY ZONE

The site is located within the Regional Center. Design of all new construction or additions to existing structures and signage in the Regional Center is subject to the approval of the Administrator of the Division of Planning. Thus, any proposed development will be required to receive Regional Center approval, through the filing and approval of a Regional Center Approval Petition, prior to obtaining any permits. A Regional Center Approval petition has not been submitted for this site.


D-5 (RC) Undeveloped SURROUNDING ZONING AND LAND USE

North - D-5 (RC) Single-family dwelling South - D-5 (RC) Single-family dwelling East - D-5 (RC) Single-family dwelling West - PK-1 (RC) McCarty Triangle Park

(Continued)

115

STAFF REPORT 2018-DV2-001 (Continued) COMPREHENSIVE PLAN The site is located within the boundaries of the Regional Center

Plan 2020 which recommends Core Support development. THOROUGHFARE PLAN This portion of Birch Avenue is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a local street, with a 50-foot existing right-of-way and proposed right-of-way.

SITE PLAN File-dated January 5, 2018 ELEVATIONS None submitted FINDINGS OF FACT File-dated January 5, 2018 ZONING HISTORY 2018-DV2-002; 835 Birch Avenue (adjacent to the south), requests a variance of development standards of the Consolidated Zoning and Subdivision Ordinance, to provide for a single-family dwelling, with a zero-foot side yard, a one-foot separation between buildings, and an open space of 46%, pending. JY *******

116

Site plan (top); map of 833 Birch Avenue, 835 Birch Avenue and surrounding neighborhood – 2018-

DV2-001

117

Subject site from Birch Avenue toward alley – 2018-DV2-001

118

View along south property line (835 Birch Avenue is seen on right)

119

View along north property line, from Birch Avenue – 2018-DV2-001

120

Public park across Birch Avenue from site (top); view along Birch Avenue looking north 2018-DV2-001

121

View along Birch Avenue looking south (top); view of 833 and 835 Birch Avenue from alley 2018-DV2-001

122

Detached garages along alley behind site – 2018-DV2-001

123


124

STAFF REPORT


Case Number: 2018-DV2-002 (Amended) Address: 835 Birch Avenue (approximate address) Location: Center Township, Council District #16 Zoning: D-5 (RC) Petitioner: Two Chicks and a Hammer, Inc., by Thadeus Starsiak Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a single-family dwelling, with a zero-foot side setback, with a one-foot separation between dwellings, and an open space of 46% (minimum three-foot side setback, 10-foot separation and 60% open space required).

RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: HISTORY / VARIANCE OF DEVELOPMENT STANDARDS

This 0.065-acre site, zoned D-5, is developed with a single-family dwelling. At some point in the past, this lot was divided from an adjacent lot to the north, at 833 Birch Avenue, which is the subject of 2018-DV2-001. The original plat indicates that the original lot was 40 feet in width. The subject lot is 19 feet in width. 833 Birch Avenue is unimproved.

The surrounding area is characterized as developed with small single-family dwellings, with detached garages and a public park. This park is directly to the west, across Birch Avenue, from the site. The majority of the improved lots are 40 feet in width. The minimum lot width for D-5 lots is 50 feet in width, so there is a practical difficulty in developing the lot without a variance.

The Regional Center Plan 2020 recommends low-density residential, with a density of six to fifteen units per acre.

This request would specifically provide for a renovated single-family dwelling and attached garage, with a zero-foot south side setback, one-foot separation between dwellings and 46% open space. The petition indicates the following renovations are proposed: existing porch would be demolished and re-built, the rear portion of the existing dwelling would be demolished and then a 14.5-foot by 65-foot building addition to the rear would be constructed.

Development Standards of the Consolidated Zoning and Subdivision Ordinance, specifically those relating to setbacks and open space, are intended to ensure orderly development and protect surrounding property values, by providing for open buffer areas along lot lines, and to ensure adequate access around buildings.

(Continued)

125


The proposed zero-foot south side setback, with a one-foot separation between dwellings, for the single-family dwelling and garage would be a 100 percent reduction from the Ordinance requirement and would not provide adequate space between structures to mitigate any adverse impacts and provide the minimum area necessary for maintenance.

As proposed, the open space would be 46% of the lot, meaning 54% of the lot would be improved with a structure. Staff understands that a reduction of open space could be warranted, due to the constraints of the lot, however, an open space reduction from 60% required to 46% is too large.

NEIGHBORHOOD DEVELOPMENT PATTERN

In addition to the requested variances, the submitted site plan and subsequent confirmed information indicates that the garage would be attached to the dwelling, which is out of character with the neighborhood. The surrounding lots are improved with detached garages at the rear of existing single-family dwellings, if garages exist. The appearance of one, long building on the site gives the impression of a much larger structure than the existing housing stock. Additionally, a driveway leading from the alley to the garage would leave little area for outside enjoyment of the backyard since a majority of the backyard would be paved or graveled.

The variance requests for the zero-foot south side setback for the dwelling and garage, the one-foot separation between buildings, and the 46% open space for the site, are largely a result of a self-created practical difficulty and would not be appropriate, therefore, Staff recommends denial of this petition.

REGIONAL CENTER OVERLAY ZONE

The site is located within the Regional Center. Design of all new construction or additions to existing structures and signage in the Regional Center is subject to the approval of the Administrator of the Division of Planning. Thus, any proposed development will be required to receive Regional Center approval, through the filing and approval of a Regional Center Approval Petition, prior to obtaining any permits. A Regional Center Approval petition has not been submitted for this site.


D-5 (RC) Undeveloped SURROUNDING ZONING AND LAND USE

North - D-5 (RC) Single-family dwelling South - D-5 (RC) Single-family dwelling East - D-5 (RC) Single-family dwelling West - PK-1 (RC) McCarty Triangle Park

COMPREHENSIVE PLAN The site is located within the boundaries of the Regional Center

Plan 2020 which recommends Core Support development. (Continued)

126

STAFF REPORT 2018-DV2-002 (Continued) THOROUGHFARE PLAN This portion of Birch Avenue is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a local street, with a 50-foot existing right-of-way and proposed right-of-way.

SITE PLAN File-dated January 5, 2018 ELEVATIONS None submitted FINDINGS OF FACT File-dated January 5, 2018 ZONING HISTORY 2018-DV2-001; 833 Birch Avenue (adjacent to the south), requests a variance of development standards of the Consolidated Zoning and Subdivision Ordinance, to provide for a single-family dwelling, with a one-foot side yard, a one-foot separation between buildings, and an open space of 43.5%, pending. JY *******

127

Site plan (top); map of 833 Birch Avenue, 835 Birch Avenue and surrounding neighborhood – 2018-

DV2-002

128

Subject site from Birch Avenue – 2018-DV2-002

129

View along south property line toward alley – 2018-DV2-002

130

View along north property line (833 Birch is undeveloped lot at left.

131

Public park across Birch Avenue from site (top); view along Birch Avenue looking north 2018-DV2-002

132

View along Birch Avenue looking south (top); view of 833 and 835 Birch Avenue from alley 2018-DV2-002

133


134


135

STAFF REPORT


Current Planning Section Case Number: 2017-UV2-016 Address: 17, 21, 25, 29 and 33 South Ewing Street (approximate address) Location: Center Township, Council District # 12 Zoning: I-2 Petitioner: Mary Truitt Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to legally establish and expand an automobile repair facility (not permitted), and legally establish existing walls within the clear sight triangles of the adjacent streets and alleys (not permitted) and to legally establish existing setbacks of buildings and parking, and to provide for the expansion of parking areas, without landscape yards (not permitted).

ADDENDUM FOR MARCH 13, 2018 This petition was continued from the February 13, 2018 hearing, to the March 13, 2018 hearing at the request of the petitioner. At the February 13 hearing, the petitioner indicated that they were working on amending the site plan. At the time of publication, no new information has been provided. If the petitioner asks for an additional continuance, it will be the fourth continuance request in five months without any new information provided to the file. Therefore, Staff would not object to a new one month continuance request, but would recommend the Board not grant any further continuances beyond that. In addition, staff would recommend that if no new information is provided in a timely manner prior to the continued date, then the petition should be dismissed due to lack of activity by the petitioner. ADDENDUM FOR FEBRUARY 13, 2018 This petition was continued from the December 12, 2017 hearing, to the February 13, 2018 hearing at the request of the petitioner. The petitioner contacted staff and discussed the possibility of moving some of the walls outside of the clear-sight triangle, and possibly reducing a variance request. The petitioner indicated information concerning the relocation of the walls would be provided to the file. At the time of publication, no new information has been provided. (Continued)

136

STAFF REPORT 2017-UV2-016 (Continued) ADDENDUM FOR DECEMBER 12, 2017 This petition was continued from the November 14, 2017 hearing, to the December 12, 2017 hearing, by the Metropolitan Board of Zoning Appeals, due to want of prosecution by the petitioner. If the petitioner fails to appear, it is recommended that this petition be dismissed due to want of prosecution. ADDENDUM FOR NOVEMBER 14, 2017 This petition was continued from the October 10, 2017 hearing, to the November 14, 2017 hearing, at the request of the petitioner. No additional information has been submitted to the file. October 10, 2017 RECOMMENDATIONS Staff recommends denial of this petition. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

The subject site is zoned I-2 and is currently improved with an approximately 6,300-square foot building, a detached garage, and two single-family dwellings, which are proposed to be demolished. To the west is a vacant warehouse use rezoned to the D-8 zoning district, and single-family dwellings in the I-4 zoning district. To the north are single and multi-family dwellings in the I-2 zoning district. To the east and south is a commercial shopping center use in the C-4 zoning district.

The surrounding uses include a mixture of single-family, two-family and multifamily residential uses as well as industrial uses. Although there are residential structures to the north and west, they are not zoned for dwellings; they are zoned I-2 and I-4.

This request would legally establish and expand an automobile repair facility, and legally establish existing walls within the clear sight triangles of the adjacent streets and alleys, and to legally establish existing setbacks of buildings and parking, and to provide for the expansion of parking areas, without landscape yards.

(Continued)

137

STAFF REPORT 2017-UV2-016 (Continued) VARIANCE OF USE

The Consolidated Zoning and Subdivision Ordinance, specifically the I-2 District, was developed to promote light industrial uses. Uses within the I-2 District range from construction contractors to manufacturing, with limitations on external storage and operations

The I-2 district is designed for those industries that carry on their entire operation within a completely enclosed building, in such a manner that no nuisance factor is created or emitted outside an enclosed building. This district has strict controls on the intensity of land use, providing protection of each industry from the encroachment of incompatible industries. It is usually located adjacent to protected districts and may serve as a buffer between heavier industrial districts and business or protected districts.

A plan of operation has been submitted to the file, which provides more detail about the facilities, staffing levels and indicates a parking availability of 20 spaces for customers and employees. The site plan indicates approximately 39 parking spaces, which would allow for a minimum of 19 vehicles parked on site awaiting repair. A recent Staff site visit, along with aerial photos, indicate approximately 50 vehicles on site, many unlicensed and inoperable, and located within a public right-of-way.

Although the subject site is located adjacent to a C-4 commercial district to the east, it is oriented towards Ewing Street, that has several existing residential and proposed residential development uses, which do not generate as much traffic. To incorporate a heavy commercial use with excessive outdoor storage on Ewing Street would be more intense than the surrounding uses to the north and west in regards to traffic, noise, intensity, and frequency of clientele.

The strict application of the terms of the zoning ordinance does not constitute a practical difficulty for the property, since the site is zoned I-2 and could be used for any number of uses permitted by right in the I-2 zoning classification. Any hardship would be self-imposed by the desire to use the site for automobile repair and the outdoor storage of vehicles.

COMPREHENSIVE PLAN

The Southeast Indianapolis Community Strategic Plan recommends light industrial development for this site and adjacent sites to the west and north. Allowing commercial encroachment into an area primarily recommended for light industrial development would be contrary to the recommendations of the Neighborhood Plan.


The need to legally establish existing walls within the clear sight triangles of the adjacent streets and alleys and to legally establish existing setbacks of buildings and parking, and to provide for the expansion of parking areas, without landscape yards comes from the desire to convert the property to a commercial use. Regardless of the use, no practical difficulty exists that would warrant establishing the walls in a manner that creates hazards for motorists and pedestrians, and that eliminates required setbacks and landscaping.

(Continued)

138


The existing walls within the clear sight triangles of the adjacent streets and alley would cause hazardous conflicts with traffic entering and exiting from the dwellings to the north, which use the alley as a primary means of access and egress due to no parking being allowed on that portion of East Washington Street. The walls also restrict the sight lines and visibility for delivery and service vehicles for other businesses within the commercial area to the east.


I-2 Automobile repair and outdoor storage


North - I-2 Single and Multi-Family Dwellings South - C-4 Commercial Shopping Center East - C-4 Commercial Shopping Center West - D-8 / I-4 Vacant Warehouse structure / Single Family Dwellings

NEIGHBORHOOD PLANNING AREA

The Southeast Indianapolis Community Strategic Plan recommends light industrial uses and the I-2U District for this site.

THOROUGHFARE PLAN This section of South Ewing Street is designated in the Marion County Thoroughfare Plan as a local street, with a 35-foot existing and proposed right-of-way

SITE PLAN File-dated July 28, 2017.

PLAN OF OPERATION File-dated July 28, 2017.

FINDINGS OF FACT File-dated July 28, 2017 / September 1, 2017. ZONING HISTORY 2015-UV2-024; 52 South Ewing Street (south of site), requested a variance of use and development standards of the Industrial Zoning Ordinance to legally establish and provide for primary and accessory single-family residential development, with a 1.58-foot south side setback, granted. 2012-ZON-065; 3525 and 3547 East Washington Street (west of site), requested the rezoning of 4.5 acres from the I-4U district to the D-8 district, approved. 96-UV1-14; 3605 East Washington Street (north of site), requested a variance of use and development standards of the Industrial Zoning Ordinance to provide for the continued use of a building for 5 dwelling units with 5 gravel parking lots, granted. 91-UV3-53; 3525 East Washington Street (west of site), requested a variance of use to provide for the restoration and indoor sales of antique cars, granted. RU *******

139


2017-UV2-016: Location Map

140

2017-UV2-016: Site Plan

141

2017-UV2-016: Plan of Operation

142

2017-UV2-016: Photographs

View of proposed site entrance off Ewing Street looking north.

View of existing building, looking north

143

View of existing inoperable and unlicensed vehicles on site, looking north

View of existing vehicles on site, looking east

144

View of existing walls within the clear sight triangle of Ewing Street, and the north alley, looking east

View of existing walls within the clear sight triangle of Ewing Street, and the north alley, looking east

145

Adjacent single and multi-family dwellings to the north

Adjacent single-family dwellings to the west

146

Adjacent commercial uses to the east, looking north

Adjacent commercial uses to the south

147

STAFF REPORT

Department of Metropolitan Development Division of Planning - Current Planning Section

Case Number: 2017-UV2-024 Address: 2143 and 2145 South Emerson Avenue (approximate address) Location: Warren Township, Council District #18 Zoning: D-3 and SU-18 Petitioner: Jack Kesler, by Carla Flores Request: Variance of use of the Consolidated Zoning and Subdivision

Ordinance, to permit an automobile sales lot (not permitted), with three storage trailers and a garage to store wrecked automobiles and two storage trailers and a garage for automobiles preparing to be sold (not permitted).

ADDENDUM FOR MARCH 13, 2018 This petition was continued, at the request of a representative of the petitioner, from the February 13, 2018 hearing, to the March 13, 2018 hearing of Division II, to ensure the petitioners attendance. No new information has been provided, therefore, Staff continues to recommend denial of the request. ADDENDUM FOR FEBRUARY 13, 2018 This petition was continued from the December 12, 2017 hearing of Division II, to the February 13, 2018 hearing of Division II, in order to allow for the petitioner to review Staff’s concerns and ensure the petitioner’s attendance. No new information has been provided, therefore, Staff continues to recommend denial of the request. December 12, 2017 RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

This 0.95-acre lot, zoned D-3 and SU-18, is currently undeveloped. Single-family dwellings, within the D-3 District, are located north of the subject site. Undeveloped wooded lots, within the C-4 and D-A Districts, are located east and south of the site. A gas station, within the C-3 District, is located to the west.

The Warren Township Comprehensive Land Use Plan (2005) recommends residential development with a density of 1.75-3.5 units per acre. The subject site is located within the Metro Context Area of Marion County.

(Continued)

148


The request would allow for the operation of an automobile sales lot with three storage trailers and a garage to store wrecked automobiles and two storage trailers and a garage for automobiles preparing to be sold.

A portion of the subject site, with the local parcel number 7007263, received a variance in 1964 (64-V-137). This lot is located at the northeast corner of Emerson Avenue and Raymond Street. In 1987, the Department of Metropolitan Development, after being queried, determined that this variance allowed for indoor and open-air sales of automobiles, as well as the inclusion of a sales office and service, parts and supplies sales. It was also determined that automobiles could be parked and displayed up to the right-of-way of both streets.

VARIANCE OF USE

The Dwelling Districts are intended to provide for residential uses. The D-4 District, specifically, is intended to provide for low-and medium-intensity development, such as single-and two-family dwellings. The SU-18 District provides exclusively for power substations.

As indicated above, the request would be permitted, by variance, on a portion of the site. Staff believes that any expansion of this use would represent an undue commercial encroachment on the dwellings to the north and potential residential development to the east. Staff would note that approval of the request would severely hinder the implementation of the comprehensive plan recommendation, given the degree of deviation. Given that the site is undeveloped, Staff has determined no hardship to be associated with the site warranting an expansion of the previously approved use.

Additionally, Staff would note that due to the inclusion of the number of storage trailers and garages, the request would not only represent an increase of intensity in relation to area, but also of operational intensity.


D-4 Undeveloped STAFF REPORT 2017-UV2-024 (Continued) SURROUNDING ZONING AND LAND USE

North - D-4 Single-family dwellings South - C-4 / D-A Undeveloped East - D-A Undeveloped West - C-3 Gas Station and Convenience Store

LAND USE PLAN The Warren Township Comprehensive Land Use Plan

(2005) recommends residential development, with a density of 1.75-3.5 units per acre.

(Continued)

149


THOROUGHFARE PLAN This portion of Emerson Avenue is classified as a primary arterial, with an existing 105-foot right-of-way and proposed 119-foot right-of-way. This portion of Raymond Street is classified as a primary arterial with an existing and proposed 145-foot right-of-way.

SITE PLAN File-dated June 17, 2017.

FINDINGS OF FACT File-dated June 17, 2017. ZONING HISTORY - SITE 64-V-137; 2145 South Emerson Avenue; variance of use to allow for operation of automobile sales; granted. ZONING HISTORY – VICINITY 2014-UV3-011; 5235 East Raymond Street; requests variance of use of the Dwelling Districts

Zoning Ordinance to provide for a concrete contractor, with a gravel drive, per plans filed; withdrawn.

2011-DV3-015; 5251 East Raymond Street; requests variance of development standards of the

Dwelling Districts Zoning Ordinance to provide for expansion and conversion of a covered porch into

an enclosed sunroom with a reduced side yard setback and to provide for construction of a detached

garage, creating an excess in accessory building area; granted.

2006-DV2-056; 5645 East Raymond Street; requests variance of development standards of the

Commercial Zoning Ordinance to provide for the construction of a third drive-through lane within

approximately 42 feet of a protected district; granted.

2004-UV1-055;5353 East Raymond Street; requests variance of use of the Commercial Zoning

Ordinance and the Dwelling Districts Zoning Ordinance to provide for a homeless shelter/residential

living facility in an existing building, with outdoor storage, and religious uses and services, including a

hair salon, day care, food service and a gift shop; granted.

98-SE1-10; 5320 East Raymond Street; requests special exception of the Dwelling Districts Zoning

Ordinance to provide for the placement of a manufactured dwelling; withdrawn.

97-V3-69; 5202 East Raymond Street; requests variance of use and development standards of the

Dwelling Districts Zoning Ordinance to provide for a barn with a reduced rear yard setback, relocation

of three mini-barns with a reduced rear yard setback, and a confinement operation on less than three

acres; granted.

97-AP3-2; 5202 East Raymond Street; requests an approval to waive the Rules of Procedure to

permit the refiling of a petition less than 12 months after petition 96-V3-68 was denied; granted.

(Continued)

150

STAFF REPORT 2017-UV2-024 (Continued) 96-V3-68; 5202 East Raymond Street; requests variance of development standards to provide for the construction of a barn, for agricultural purposes, with reduced setbacks, and the placement of three temporary detached garage structures which exceed the main floor area of the primary residence; denied. 87-UV3-110; 5251 East Raymond Street; requests variance of use of the Marion County Master

Plan Permanent Zoning Ordinance to provide for the construction and use of a woodworking shop for

the manufacture of furniture, cabinets and similar products and for a 4 x 10-foot ground sign; denied.

86-Z-221; 5645 East Raymond Street; requests rezoning of 1.11 acres from the D-2 District to the

C-1 classification to conform zoning to existing use as a bank branch; approved.

86-UV1-103; 5645 East Raymond Street; 5645 East Raymond Street; requests variance of use to

provide for a new pole sign for an existing bank; granted.

74-Z-40A; 5403 East Raymond Street; requests rezoning of 8.054 acres, being in the D-2 District, to

the C-1 classification to provide for a nursing home; approved.

74-Z-40B; 5403 East Raymond Street; requests rezoning of 11.946 acres, being in the D-2 District,

to the D-6II classification to permit construction of apartments for elderly persons; approved.

77-Z-202; 5353 East Raymond Street; requests rezoning of 1.86 acres, being in the D-6II District, to

the C-1 classification to provide for the expansion of an existing nursing home; approved.

66-V4-188; 5645 East Raymond Street; requests variance of use to provide for the construction of a

branch bank building, with a pole sign in a D-2 District; granted.

EDH

*******

151


152


153


Photo 1: Raymond Street facing east.

Photo 2: Raymond Street facing west.

154

Photo 3: Emerson Avenue facing south.

Photo 4: Emerson Avenue facing north.

155

Photo 5: Facing north of subject site.

Photo 6: Facing east of subject site.

156

STAFF REPORT



Case Number: 2017-UV2-025 Address: 6301 West 46th Street (approximate address) Location: Pike Township, Council District #10 Zoning: D-7 Petitioner: Vertical Bridge Development, LLC, by Jay Suriano Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for a wireless communications facility, with a 75-foot tall monopole tower (not permitted), with a five-foot lightning rod, without landscaping; (landscaping required), and with barbed wire (not permitted).

ADDENDUM FOR MARCH 13, 2018 This petition was continued from the February 13, 2018 hearing of Division II, to the March 13, 2018 hearing, at the request of Staff, to provide adequate review of information submitted by the petitioner on February 13, 2018. The amended site plan, file-dated February 13, 2018, indicates that the landscaping and barbed wire request would be withdrawn. However, Staff concerns, outlined below, remain, therefore, Staff continues to recommend denial of the request. ADDENDUM FOR FEBRUARY 13, 2018 This petition was continued from the January 9, 2018 hearing of Division II, to the February 13, 2018 hearing of Division II, in order for the petitioner to address Staff’s concerns. The petitioner has indicated that the petition would be amended, however, at the time of publication, no such information has been provided. Therefore, Staff continues to recommend denial of the request. January 9, 2018 RECOMMENDATIONS Staff recommends denial of this petition. SUMMARY OF ISSUES LAND USE

This 0.9-acre lot, zoned D-7, is currently undeveloped. Multi-family dwellings, within the D-7, D-6II and D-3 Districts are located north, east and south of the subject site. Single-family dwellings, within the D-2 District, are located to the east.

The Pike Township Comprehensive Land Use Plan (2005) recommends office commercial uses. The subject site is located within the Metro Context Area of Marion County.

(Continued)

157


The request, as proposed would allow for the construction of a non-permitted 75-foot tall monopole tower, with a five-foot lightning rod, with barbed wire and without landscaping.

VARIANCE OF USE

Wireless Communications use-specific standards were established, in part, to encourage the compatibility of wireless facilities with current and future land uses and reinforce the need for an urban landscape that contributes to a sense of place and sense of community. These regulations, specifically, are intended to: encourage facilities to be located in areas least disruptive to residential, park and greenway uses and functions; preserve and improve the appearance of the city as a place in which to live and work as an attraction to nonresidents who come to visit or trade; safeguard and enhance property values; protect public and private investment in buildings and open spaces; and promote the implementation of the comprehensive plan.

Monopole towers, of any height, are not permitted within the D-7 District, nor within any districts associated with the plan recommendation. Staff does not believe a hardship has been identified by the petitioner warranting deviation from the Ordinance. A tower of the proposed height and development, particularly the inclusion of barbed wire and lack of landscaping, would not typically be associated with, or compatible with, existing or anticipated residential development in the surrounding area. The proposed tower would be substantially taller than any surrounding vegetation or structure. Therefore, Staff believes this request would conflict with the intent of the Ordinance, have a negative impact on surrounding property values, and would be contrary to the Comprehensive Plan.


D-7 Undeveloped


North - D-6II / D-3 Multi-family dwellings South - D-7 Multi-family dwellings East - D-2 Single-family dwellings West - D-7 Multi-family dwellings

COMPREHENSIVE PLAN The Pike Township Comprehensive Land Use Plan (2005) recommends commercial office development.

THOROUGHFARE PLAN This portion of 46th Street is classified as a primary collector within the Marion County Thoroughfare Plan, with an existing and proposed right-of-way of 93 feet. This portion of High School Road is classified as a primary collector with an existing right-of-way of 90 feet and proposed 102-foot right-of-way.

(Continued)

158


SITE PLAN

FINDINGS OF FACT

File-dated November 3, 2017.


PLAN OF OPERATION File-dated November 3, 2017. ZONING HISTORY None. EDH *******

159


160


161


Photo 1: Looking west, across subject site toward High School Road.

Photo 2: Looking north, across subject site, towards 46th Street.

162

Photo 3: Facing west from subject site.

Photo 4: Facing south from subject site.

163

STAFF REPORT



Case Number: 2017-UV2-026 Address: 510 Fairfield Avenue (approximate address) Location: Center Township, Council District #9 Zoning: D-5 Petitioner: Vertical Bridge Development, LLC, by Jay Suriano Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for a wireless communications facility, with a 95-foot tall monopole tower (not permitted), with a five-foot lightning rod, without landscaping; (landscaping required), and with barbed wire (not permitted).

ADDENDUM FOR MARCH 13, 2018 This petition was continued from the February 13, 2018 hearing of Division II, to the March 13, 2018 hearing, at the request of Staff, to provide adequate review of information submitted by the petitioner on February 13, 2018. The amended site plan, file-dated February 13, 2018, indicates that the landscaping and barbed wire request would be withdrawn. However, Staff concerns, outlined below, remain, therefore, Staff continues to recommend denial of the request. ADDENDUM FOR FEBRUARY 13, 2018 This petition was continued from the January 9, 2018 hearing of Division II, to the February 13, 2018 hearing of Division II, in order for the petitioner to address Staff’s concerns. The petitioner has indicated that the petition would be amended, however, at the time of publication, no such information has been provided. Therefore, Staff continues to recommend denial of the request. January 9, 2018 RECOMMENDATIONS Staff recommends denial of this petition. SUMMARY OF ISSUES LAND USE

This 0.19-acre lot, zoned D-5, is currently developed with a commercial structure and associated surface parking. Multi-family dwellings, within the D-8 District, are located to the north. Commercial structures, within the C-3 and D-5 District, are located to the west and east, respectively. Single-family dwellings and a religious use facility, within the D-5 and SU-1 District, are located to the south.

(Continued)

164


The Mapleton-Fall Creek Neighborhood Land Use Plan (2013) recommends community commercial development. The subject site is located within the Compact Context Area of Marion County.

The request, as proposed would allow for the construction of a non-permitted 95-foot tall monopole tower, with a five-foot lightning rod, with barbed wire and without landscaping.

VARIANCE OF USE

Wireless Communications use-specific standards were established, in part, to encourage the compatibility of wireless facilities with current and future land uses and reinforce the need for an urban landscape that contributes to a sense of place and sense of community. These regulations, specifically, are intended to: encourage facilities to be located in areas least disruptive to residential, park and greenway uses and functions; preserve and improve the appearance of the city as a place in which to live and work as an attraction to nonresidents who come to visit or trade; safeguard and enhance property values; protect public and private investment in buildings and open spaces; and promote the implementation of the comprehensive plan.

Monopole towers, of any height, are not permitted within the D-5 District, nor within any districts associated with the plan recommendation. Staff does not believe a hardship has been identified by the petitioner warranting deviation from the Ordinance. A tower of the proposed height and development, particularly the inclusion of barbed wire and lack of landscaping, would not typically be associated with, or compatible with, existing or anticipated residential or commercial development in the surrounding area. The proposed tower would be substantially taller than most surrounding vegetation and structures. Therefore, Staff believes this request would conflict with the intent of the Ordinance, have a negative impact on surrounding property values, and would be contrary to the Comprehensive Plan.


D-5 Vacant surface lot


North - D-8 Multi-family dwellings South - D-5 / SU-1 Single-family dwellings and religious use facility East - D-5 Commercial structure West - D-5 Commercial structure

COMPREHENSIVE PLAN The Mapleton-Fall Creek Neighborhood Comprehensive Land Use Plan (2013) recommends community commercial development.

(Continued)

165


THOROUGHFARE PLAN This portion of 34th Street is classified as a primary collector within the Marion County Thoroughfare Plan, with an existing and proposed right-of-way of 60 feet. This portion of Fairfield Avenue is classified as a primary collector with an existing right-of-way of 60 feet and proposed 72-foot right-of-way.

SITE PLAN

FINDINGS OF FACT



PLAN OF OPERATION File-dated November 3, 2017. ZONING HISTORY - SITE None. ZONING HISTORY – VICINITY None. EDH *******

166


167


168


Photo 1: Looking southwest, along Fairfield Avenue

Photo 2: Looking northeast, along Fairfield Avenue.

169

Photo 3: Facing east along 34th Street.

Photo 4: Facing west along 34th Street.

170

Photo 5: Looking southeast, towards area subject site.

Photo 6: Looking south, adjacent to the west of subject site.

171

Photo 7: Facing northeast of the subject site.

Photo 8: Facing south of the subject site.

172

STAFF REPORT

Department of Metropolitan Development Division of Planning - Current Planning Section

Case Number: 2017-UV2-027 (AMENDED) Address: 2102 Mitthoefer Road (approximate address) Location: Warren Township, Council District #14 Zoning: C-3 Petitioner: Vertical Bridge Development, LLC, by Jay Suriano Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for a wireless communications facility, with a 125-foot tall monopole tower (not permitted), with a five-foot lightning rod.

ADDENDUM FOR MARCH 13, 2018 This petition was continued from the February 13, 2018 hearing of Division II, to the March 13, 2018 hearing, at the request of Staff, to provide adequate review of information submitted by the petitioner on February 13, 2018. The amended site plan, file-dated February 13, 2018, indicates that the landscaping and barbed wire request would be withdrawn. However, Staff concerns, outlined below, remain, therefore, Staff continues to recommend denial of the request. Amended Petition: This petition was amended to remove the request for the Variance of development standards to provide for barbed wire, and a lack of landscaping. The original petition requested, “... without landscaping; (landscaping required), and with barbed wire (not permitted).” Additional notice would not be needed, as the request would now deviate less from the Ordinance than the original notice. ADDENDUM FOR FEBRUARY 13, 2018 This petition was continued from the January 9, 2018 hearing, to the February 13, 2018 hearing at the request of the petitioner. The petitioner’s representative has indicated that the petition would be amended, and information concerning the amendment would be provided to the file. At the time of publication, no such information has been provided. Therefore, Staff continues to recommend denial of the request. January 9, 2018 This petition was continued, at the request of a registered neighborhood organization, from the December 12, 2017 hearing, to the January 9, 2018 hearing. (Continued)

173

STAFF REPORT 2017-UV2-027 (Continued) RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

This 7.5-acre site, zoned C-3, is developed with an integrated commercial shopping center, and associated parking lot. The proposed wireless communications facility (WCF) would be located in the northwest portion of the property

The subject site is adjacent to multi-family dwellings in the D-6 Zoning District, to the west and east. Commercial uses in the C-3 Zoning District are located to the south of the site. A single-family dwelling in the C-3 Zoning District is located to the north of the site. The Comprehensive Land Use Plan for Warren Township (2005) recommends Community Commercial uses for the property. The single-family dwelling to the north is recommended as Office Commercial Use.

VARIANCE OF USE

This request would provide for a wireless communications facility, with a 125-foot tall monopole tower, with a five-foot tall lightning rod, accessory equipment cabinets and structures, within a 75 by 80-foot leased area.

This WCF would have a wider flush-mounted antenna configuration. The tower elevation plan for this request shows up to three potential antennas for future co-locators. The compound site plan also shows a total of four carrier lease areas.

For the C-3 District, the WCF ordinance permits only wall-mounted and roof-mounted facilities, with a height limited to ten feet greater than the existing building height (may be increased to 20 feet if approved by the Administrator) for roof-mounted facilities and a ten-foot extension above the wall on which they are located, for wall-mounted facilities.

The Wireless Communication Facilities (WCF) Ordinance was originally adopted in 1998 and included an extensive statement of purpose, which has been retained by the Consolidated Zoning and Subdivision Ordinance as follows:

This article creates the framework for wireless communications regulations, so that wireless communications facilities can be sited in a manner which provides comprehensive service to the community, which protects the community from clutter and design, which is compatible with existing and future land use, and which reinforces the need for an urban landscape which contributes to a sense of place and sense of community. These regulations have been developed in accordance with the technological considerations known at this time, with some anticipation for future changes in the wireless communications industry. Changes to the industry which were not anticipated will be considered in future amendments to this article.

(Continued)

174


The purpose of the wireless communications regulations set forth in this article shall be to: encourage facilities to be located in areas least disruptive to residential, park and greenway uses and functions, including wildlife habitats, and to be as unobtrusive and invisible as reasonably possible; encourage designs and use of colors which are compatible with the adjacent land uses; retain current residents and attract new residents to the city; encourage and facilitate installation of necessary and desirable wireless communications infrastructure; preserve and improve the appearance of the city as a place in which to live and work as an attraction to nonresidents who come to visit or trade; safeguard and enhance property values; protect public and private investment in buildings and open spaces; supplement and be a part of the regulations imposed and the plan set forth under the Comprehensive Plan for Marion County; and promote the public health, safety, morals and general welfare.

Because a monopole tower is not permitted in the C-3 District, Staff suggests that, at a minimum, the request should be in accordance with the general requirements for Special Exceptions found in Section 740-705, and should comply with the following conditions required by the grant of a Special Exception of the Ordinance:

a. The grant will assure that the design of the WCF is compatible with the surrounding

environment, by camouflage, integration with existing structures, or other design-related solution;

b. The grant is consistent with the 1996 Telecommunications Act; and c. The grant is consistent with the statement of purposes for WCFs.


The Ordinance would require a landscaped yard around the entire perimeter of the tower site to screen the equipment from view. The request proposes no landscaping or screening. The on-site building, and adjacent buildings would not screen the compound from North Mitthoefer Road, or the adjacent multi-family protected districts to the east and west. Because of the site’s proximity to the residential uses, all four sides of this site should have a dense screen of evergreen trees, which should be maintained at all times.

As filed, there has been no attempt to camouflage or integrate this 125-foot tall tower with the existing built environment to limit impacts of this WCF, with the exception of placing the tower next to the existing building. The tower would clearly be visible from any direction of the site. The lack of opaque fencing and landscaping would not help to mitigate the negative visual impact of the tower or provide camouflage and/or integration with the surrounding structures. Because of this, Staff believes that the proposed use would adversely affect the adjacent area and property values in the neighborhood. Additionally, Staff thinks that the proposed use would interfere with the enjoyment of adjoining property, especially the protected districts to the east and west of the site.

(Continued)

175


The following are suggested commitments to the petition, if the Board choses to grant this variance. The inclusion of these commitments does not alter Staff’s recommendation of denial.

1. A landscaped yard, at a minimum of ten feet in width shall be provided. 2. A landscaping plan shall be submitted for Administrative Approval, prior to an Improvement

Location Permit (ILP) being issued. 3. The proposed barbed-wire shall be removed from the request.

Generally, staff supports property improvements if their location and characteristics do not negatively impact adjoining properties by causing a nuisance to the surrounding neighborhood.

Staff believes that this would not be true for this particular variance request. Based on the characteristics of this area, staff believes that the proposed wireless communications facility would not be supportable and recommends denial of the request.


C-3 Commercial Integrated Shopping Center


North - C-3 Single-family dwelling South - C-3 Commercial retail East - D-6 Multi-family dwellings West - D-6 Multi-family dwellings

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Warren Township (2005) recommends regional commercial uses for the site.

THOROUGHFARE PLAN This portion of North Mitthoefer Road is designated in the Official Thoroughfare Plan as a secondary arterial, with an existing 45-foot half right-of-way and proposed 63-foot half right-of-way.

This portion of East 21st Street is designated in the Official Thoroughfare Plan as a primary arterial, with an existing 42-foot half right-of-way and proposed 60-foot half right-of-way.

SITE PLAN (AMENDED)

ELEVATION (AMENDED)

FINDINGS OF FACT



File-dated, February 13, 2018 (Continued)

176

STAFF REPORT 2017-UV2-027 (Continued) ZONING HISTORY 2015-UV2-005; 2196 North Mitthoefer Road (north of site), requested a variance of use of the Commercial Zoning Ordinance to legally establish a single-family dwelling and accessory structures, per plans filed, granted. 2012-DV3-016; 2102 North Mitthoefer Road (south of site), requested a variance of development standards of the Commercial Zoning Ordinance to provide for a tavern within 55 feet of a D-6 protected district with a 12 by 18-foot outdoor seating area, and a tavern within 65 feet of a D-6 zoned protected district with a 5.5 by 25-foot outdoor seating areas, granted. 2003-UV3-038; 9942 East 21st Street (south of subject), requested a variance of use and development standards to provide for a convenience store and gasoline station with an automatic and self-service car wash, granted. 2000-UV3-024; 2202 North Mitthoefer Road (south of site), requested a variance of use of the Commercial Zoning Ordinance to provide for the construction of an automatic car wash facility, granted. 97-V3-31; 9945 East 21st Street (south of subject), requested a variance of development standards of the Commercial Zoning Ordinance to provide for the operation of a package liquor store located 20 feet from a Dwelling District, withdrawn. 91-SE1-3; 2172 North Mitthoefer Road (south of site), requested a commercial special exception to provide for an amusement arcade within an existing building, granted. 91-UV1-46; 2172 North Mitthoefer Road (south of site), requested a variance of use of the Commercial Zoning Ordinance to provide for an indoor amusement arcade within 500 feet of a Dwelling District, granted. 71-Z-213; 2240-50 North Mitthoefer Road (includes subject site), requested a rezoning of 4.19 acres, from D-3 to C-3, to provide for commercial development, approved. RU *******

177

STAFF REPORT 2017-UV2-027 (Continued) 2017-UV2-027; Location Map

178


179

2017-UV2-027; Compound Map

180

2017-UV2-027; Tower Elevation

181


Subject site looking west from Mitthoefer Road

Proposed compound site, looking south

182

Integrated commercial center to the south of proposed compound site, looking north

Single family residential to the north of compound site, legally permitted in a commercial district by

variance

183

Adjacent multi-family residential to the west of compound site

Adjacent multi-family residential to the east of compound site

Documents

METROPOLITAN BOARD OF ZONING APPEALS · 2016-CZN/CVR-810; 6364, 6402 and 6440 Westfield Boulevard; requests rezoning of 1.4 acres from the I-3 (FF) and C-S (FF) districts to the C-S