METROPOLITAN BOARD OF ZONING APPEALS · 2018-uv1-041 3525 north kitley avenue warren township,...

METROPOLITAN BOARD OF ZONING APPEALS DIVISION I

PUBLIC ASSEMBLY ROOM

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

STAFF REPORTS FOR JANUARY 3, 2019

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:

2018-UV1-047 9546 ALLISONVILLE ROAD LAWRENCE TOWNSHIP, COUNCIL DISTRICT 3

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INDECISIVE PETITION:

2018-DV1-045 724 AND 728 EAST 21st STREET CENTER TOWNSHIP, COUNCIL DISTRICT 17

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CONTINUED PETITIONS:

2018-DV1-044 2729 MADISON AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT 16

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2018-DV1-047 4565 NORTH PARK AVENUE WASHINGTON TOWNSHIP, COUNCIL DISTRICT 7

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2018-UV1-039** 1436, 1440 AND 1442 EAST 10th STREET CENTER TOWNSHIP, COUNCIL DISTRICT 17

45

2018-UV1-041 3525 NORTH KITLEY AVENUE WARREN TOWNSHIP, COUNCIL DISTRICT 13

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NEW PETITIONS:

2018-DV1-054** 969 ELM STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

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2018-DV1-055 6113 BLUFF CREST COURT PERRY TOWNSHIP, COUNCIL DISTRICT 20

56

2

2018-DV1-056** 8304 NORTH COLLEGE AVENUE WASHINGTON TOWNSHIP, COUNCIL DISTRICT 2

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2018-DV1-057 2536 EAST 10th STREET CENTER TOWNSHIP, COUNCIL DISTRICT 17

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2018-DV1-058** 4555 EARLHAM DRIVE PERRY TOWNSHIP, COUNCIL DISTRICT 24

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2018-UV1-043 5314 (5326 & 5328 TENANT SPACES) WEST 79th STREET PIKE TOWNSHIP, COUNCIL DISTRICT 1

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2018-UV1-044 11832 EAST MCGREGOR ROAD FRANKLIN TOWNSHIP, COUNCIL DISTRICT 25

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2018-UV1-045 5101 WEST 38th STREET WAYNE TOWNSHIP, COUNCIL DISTRICT 10

98

2018-UV1-046 1510 SOUTH EAST STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

107

* Automatic Continuance ** Continuance Requested *** Withdrawn or Dismissal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: 2018-UV1-047 Address: 9546 Allisonville Road (approximate address) Location: Lawrence Township, Council District #3 Zoning: C-3 Petitioner: LOR Corporation, by Mary E. Solada Request: Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for indoor recreation and entertainment, including an escape game room and axe throwing games (not permitted).

RECOMMENDATIONS Staff recommends approval of this request subject to the following commitments:

1. The variance grant shall be subject to the site plan, file-dated November 27, 2018.

2. The variance grant shall be subject to the plan of operation, file-dated November 28, 2018. SUMMARY OF ISSUES LAND USE EXISTING ZONING AND LAND USE

C-3 Commercial Retail

SURROUNDING ZONING AND LAND USE North - Unknown Hamilton County South - D-6II Multi-Family Dwellings East - D-6II / C-3 Multi-Family Dwellings / Commercial Retail West - D-6II Multi-Family Dwellings

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Lawrence Township (2005) recommends Community Commercial uses.

VARIANCE OF USE

This 7.03-acre site, zoned C-3, is developed as a Commercial Retail Center and parking lot.

Two previous petitions for the subject site were granted to provide for indoor recreation and entertainment uses, specifically for an 8,145-square foot health and fitness facility (2012-UV2-010), and for an event center and banquet hall (2007-UV2-017).

This request would provide for an escape game room and axe throwing game facility on the property, which would not be permitted in an C-3 district. This type of use is permitted as “Indoor Recreation and Entertainment” in certain commercial and mixed-use districts.

(Continued)

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STAFF REPORT 2018-UV1-047 (Continued)

The C-3 District does not permit indoor commercial recreational and entertainment uses, but in this case, the surrounding land uses have not been adversely impacted by previous variance grants for recreational and entertainment uses. Nor has the value of those adjacent land uses been negatively affected. Staff, therefore, believes the request would be a supportable deviation from the Ordinance.

The escape game room and indoor axe throwing games would occupy a 5,610-square foot tenant space in the southwestern portion of the building. The size is proposed at approximately 5,610 square feet. The petitioner has submitted a site plan, file-dated November 27, 2018, showing the breakdown of the tenant spaces.

Staff believes that the existing parking lot should be sufficient for the use. The Consolidated Zoning and Subdivision Ordinance requires one parking space per 400 square feet for an Indoor Recreation and Entertainment use, such as the one proposed by this variance request. This requirement would equate to the need for approximately 15 parking spaces for this use. The center has approximately 333 paved parking spots. Additionally, Staff believes that the maximum levels of use, and therefore the maximum need for parking, would be outside of the normal business hours of many of the other businesses in the commercial development. Therefore, Staff does not believe that allowing this proposed use would have a negative effect on the parking needs of the surrounding businesses.

In Staff’s opinion, this variance of use would not negatively impact the adjoining properties by causing a nuisance to the surrounding neighborhood. Staff believes that no public safety or health risks would come from the grant of this variance. Based on the characteristics of this area, staff supports an escape game room and axe throwing game facility on this property, and recommends approval of this request.

GENERAL INFORMATION THOROUGHFARE PLAN This portion of Allisonville Road is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a primary arterial, with a 60-foot existing half right-of-way and a 62-foot proposed half right-of-way.

SITE PLAN File-dated November 27, 2018. FINDINGS OF FACT File-dated November 27, 2018. PLAN OF OPERATION File-dated November 28, 2018. ZONING HISTORY 2012-UV2-010; 9546 Allisonville Road (subject site), requested a variance of use of the Commercial Zoning Ordinance to provide for an 8,145-square foot health and fitness facility in a C-3 District, granted.

(Continued)

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STAFF REPORT 2018-UV1-047 (Continued) 2007-UV2-017; 9546 Allisonville Road (subject site), requested a variance of use of the Commercial Zoning Ordinance to provide for an event center featuring karaoke, dancing, performances with singing and musical accompaniment, a banquet hall and motion pictures, and to provide for carryout food service within 43.9 feet of a protected district within a 2,520-square foot tenant space in an integrated center, granted. 2002-DV1-026; 9546 Allisonville Road (subject site), requested a variance of development standards of the Sign Regulations to provide for an electronic variable message sign (EVMS), granted. 91-UV3-88; 9510 Allisonville Road (subject site), requested a variance of use of the Commercial Zoning Ordinance to permit outdoor tables and seats for existing restaurants, granted.

89-HOV-108; 9510 Allisonville Road (subject site), requested variance of development standards of the Commercial Zoning Ordinance to provide for the construction of a shopping center with 333 parking spaces (372 required), granted. RU

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2018-UV1-047; Location Map

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2018-UV1-047; Site Plan

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2018-UV1-047; Plan of Operation

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2018-UV1-047; Photographs

Subject site, looking north

Subject site, looking west

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Subject site, health and fitness facility previously granted variance for indoor recreation and entertainment,

looking west.

Subject site, proposed use location, looking southwest.

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STAFF REPORT


Current Planning Section Case Number: 2018-DV1-045 Address: 724 and 728 East 21st Street (approximate address) Location: Center Township, Council District #17 Zoning: D-8 Petitioner: LP 3 LLC, by Luke Burrow Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for two single-family dwellings with four-foot front setbacks and eight feet between dwellings, with one dwelling (724) having a three-foot side setback, a six-foot rear setback and 40% open space and the second dwelling (728) having a nine-foot rear setback and 50% open space (18-foot front setback, 10 feet between dwellings, four-foot side setback, 15-foot rear setback and 55% open space).

ADDENDUM FOR JANUARY 3, 2019 This petition was continued from the December 4, 2018 BZA I Hearing to the January 3, 2019 BZA I Hearing to allow Staff and petitioner to review additional site plans. Based on the updated site plans, Staff is now recommending approval of the four-foot front setback, four-foot east setback, and six-foot rear setback for 724 East 21st Street and of the nine-foot rear setback and 50% open space for 728 East 21st Street. Staff continues to recommend denial of the reduction of open space to 40% for 724 East 21st Street. If the petition were amended to provide for a minimum of 50% open space Staff could recommend approval. ADDENDUM FOR DECEMBER 4, 2018 This petition was continued from the November 8, 2018 BZA I Hearing to the December 4, 2018 BZA I Hearing due to an indecisive vote by the Board. NOVEMBER 8, 2018 RECOMMENDATIONS Staff recommends denial for the reduction of open space to 40% and the three-foot east side setback for 724 East 21st Street. Staff would recommend approval if the petition were amended to provide for a minimum of 50% open space and a four-foot side setback. Staff recommends approval for the four-foot front setback and six-foot rear setback for 724 East 21st Street and of the nine-foot rear setback and 50% open space for 728 East 21st Street.

(Continued)

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STAFF REPORT 2018-DV1-045 (Continued) SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-8 Compact Vacant SURROUNDING ZONING AND LAND USE North D-8 Single-Family Dwelling South D-8 Single-Family Dwelling East D-8 Single-Family Dwelling West D-8 Apartment Complex

LAND USE PLAN The Citizens – King Park Neighborhood Plan (2001) recommends

low-density residential (three to five units per acre) development.

724 East 21st Street is a 34-foot by 65-foot lot that is currently vacant. 728 East 21st Street is a 46-foot by 65-foot lot that is currently vacant.

The surrounding sites are mostly a mixture of single-, two-, or four-family dwellings. There is one large multifamily complex directly west of the site.

The adjacent single-family dwelling lots to the east have open space percentages of 50% to 55%. Additionally, adjacent single-family dwellings have front setbacks of about five to ten feet. The adjacent single-family dwellings have side setbacks that vary from two to five feet.

VARIANCE OF DEVELOPMENT STANDARDS

The grant of this request would permit two single-family dwellings with deficient open space and setbacks.

If the footprint of the dwelling on 724 East 21st Street were to be reduced to the minimum main floor area required by the Ordinance and the garage reduced to 18 feet by 22 feet, the site could get up to 52% open space. This reduction in size would also permit the dwelling to meet the four-foot east side setback.

(Continued)

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STAFF REPORT 2018-DV1-045 (Continued) DEVELOPMENT STANDARDS FINDINGS OF FACT

Criterion 1 states “THE APPROVAL WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE COMMUNITY.” The petitioner’s response is “two new construction homes will increase the general welfare of the community by adding new residents of high standard and allow for continued growth of the surrounding neighborhood.”

o Staff believes that the approval of a reduction to 50% open space and a reduction in the front and rear setbacks would not be injurious to the general welfare of the community. Many adjacent dwellings meet side setbacks and have an open space of around 50%-55%; proposals in that range are consistent with the neighborhood.

Criterion 3 states “THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL RESULT IN PRACTICAL DIFFICULTIES IN THE USE OF THE PROPERTY BECAUSE.” The petitioner’s response is “A 4’ side setback on 724 E 21st Street would cause hardship on the future owners because it would leave only 6’ of turn radius to access the garage. Application of the open space requirements would make it difficult to build a home that would be functional for the future owners.”

o Staff believes the strict application of the ordinance would not constitute a practical difficulty for reducing the side setback. As mentioned, the proposed dwelling on 724 East 21st Street is proposed to be developed with an open space of 40%. Reducing the footprint of the structure would permit the petitioner to meet 50% open space, thus remaining consistent with the neighborhood, and meet the required setback.

GENERAL INFORMATION THOROUGHFARE PLAN 21st Street is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a local street, with a 70-foot existing right-of-way and a 70-foot proposed right-of-way.

SITE PLAN 724 File-dated September 21, 2018. SITE PLAN 728 File-dated September 21, 2018. AMENDED SITE PLAN File-dated November 30, 2018.

ELEVATIONS File-dated September 21, 2018. PLAN OF OPERATION File-dated September 21, 2018. FINDINGS OF FACT File-dated September 21, 2018. ZONING HISTORY – SITE EXISTING VIOLATIONS None.

(Continued)

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STAFF REPORT 2018-DV1-045 (Continued) PREVIOUS CASES None. ZONING HISTORY – VICINITY 2015-DV1-063; 2101 North College Avenue (west of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a 48-unit multi-family development with an existing building height of 57 feet (35-foot maximum height permitted); a building addition with a maximum height of 57 feet (35-foot maximum height permitted), and an eight-foot north side yard (15-foot side yard required, 10-foot side yard permitted by 2015-DV1-020), granted. 2015-DV1-020; 2101 North College Avenue (west of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a 48-unit multi-family development, with a floor area ratio of 5.19 (maximum 0.600 required), with a parking ration of 0.00 (minimum 1.00 required), with an open space ratio of 0.121 (minimum 1.180 required), with a livability space ratio of 0.101 (minimum 0.660 required), with a major livability space ration of 0.00 (minimum 0.110 required), with a 10-foot north side yard (15-foot side yard required), and with 12 off-site parking spaces and maneuvering within the right-of-way of 21st Street (not permitted), granted. PS

*******

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2018-DV1-045; Location Map

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2018-DV1-045; Site Plan (724 E 21st Street)

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2018-DV1-045; Site Plan (728 E 21st Street)

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2018-DV1-045; Findings of Fact

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2018-DV1-045; Photographs

Photo of the Subject Property: 724 and 728 East 21st Street

Photo of the dwelling to the east of the Subject Site.

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STAFF REPORT


Current Planning Section Case Number: 2018-DV1-044 Address: 2729 Madison Avenue (approximate address) Location: Center Township, Council District #16 Zoning: C-5 Petitioner: Puritan Home Funding Company Inc., by David Kingen and Justin

Kingen Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for an automobile repair shop, with storage of inoperable vehicles equal to 60% of the gross floor area (25%) and to legally establish zero-foot side and rear setbacks (10-foot side and rear), with one on-site parking space, with deficient maneuvering (two per service bay plus one per 250 square feet of indoor sales/display area, one van disabled parking space, adequate maneuvering required), with parking with a three-foot front setback (10-foot front setback).

ADDENDUM FOR JANUARY 3, 2019 This petition was continued from the December 4, 2018 hearing, to the January 3, 2019 hearing at the request of the petitioner. No new information has been provided to the file. ADDENDUM FOR DECEMBER 4, 2018 This petition was continued from the November 8, 2018 hearing, to the December 4, 2018 hearing at the request of the petitioner. The petitioner has submitted a Plan of Operation, detailing the business operations. The plan specifically indicates that all automobile stored outdoors will be operable. The Ordinance currently requires automobiles waiting repair to be operable by definition. Staff continues to feel that the increase of outdoor storage of automobiles from 25% to 60%, would be excessive for the site, and the need to increase the storage allowance by 140% is an indication that the site would be over-developed by inappropriately expanding the outdoor storage. Therefore, Staff continues to recommend denial of the portion of the request to provide for an automobile repair shop, with storage of inoperable vehicles equal to 60% of the gross floor area, with one on-site parking space, with deficient maneuvering, with parking with a three-foot front setback (Continued)

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STAFF REPORT 2018-DV1-044 (Continued) Staff does recognize the existing building was originally developed, prior to the Ordinance requirements, with deficient side and rear setbacks, and has maintained them without negatively impacting adjacent property owners. Therefore, Staff does now recommend approval of the portion of the request to legally establish zero-foot side and rear setbacks. November 8, 2018 RECOMMENDATIONS Staff recommends denial of this petition. SUMMARY OF ISSUES LAND USE

This 0.38-acre site, zoned C-5, is developed with an automobile repair service facility, associated parking and outdoor storage.

This request would not be consistent with the Concord Community Plan recommendation of Commercial Retail and Services.


An automobile repair shop is permitted within the C-5, General Commercial, zoning district, with a limitation of the outdoor storage of inoperable vehicles equal to twenty-five percent of the gross floor area of the primary structure.

The request proposes the outdoor storage of inoperable vehicles equal to sixty percent of the gross floor area, or 140% additional inoperable vehicle storage than permitted.

The Consolidated Zoning and Subdivision Ordinance requirement that no more than twenty-five percent of the gross floor area of the primary building be utilized for the storage of inoperable vehicles seeks to minimize the negative effects of large outdoor storage areas, as outdoor storage areas are an inherently more intense land use, producing certain negative impacts if not properly mitigated, including poor aesthetics and noise.

The need to increase the storage allowance by 140% is self-imposed by the petitioner, and an indication that the site would be over-developed by inappropriately expanding the outdoor storage.

Additionally, the proposed increase in outdoor storage area prevents additional onsite parking spaces from being properly located, inappropriately creating the need for the reduced parking variance request.

(Continued)

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STAFF REPORT 2018-DV1-044 (Continued)

The strict application of the terms of the zoning ordinance does not constitute a practical difficulty for the property, since the site is zoned C-5 and could be used for any number of uses permitted, by right, in the C-5 zoning classification. The site can continue to operate, if the outdoor storage of vehicles is limited to twenty-five percent of the gross floor area of the primary structure. Any practical difficulty is self-imposed by the desire to use the site for approximately 140% more outside storage.

The request for one on-site parking space with deficient maneuvering, with a three-foot front setback, is a result of the increase of inoperable vehicle storage from 25% to 60% on a limited size lot.

The zero-foot side and rear setbacks appear to be legally non-conforming as the building was constructed in 1962 according to Assessor’s records, prior to the adoption of the current zoning Ordinance.

GENERAL INFORMATION EXISTING ZONING AND LAND USE C-5 Automobile repair shop, with storage

SURROUNDING ZONING AND LAND USE

North - C-5 Commercial Storage facility South - C-5 Automobile repair shop East - C-5 Commercial Storage facility West - C-5 Commercial retail

COMPREHENSIVE PLAN The Concord Community Plan (2000) recommends Commercial Retail and Services for the site.

THOROUGHFARE PLAN This portion of Madison Avenue is classified in the Official Thoroughfare Plan for Marion County, Indiana as a Primary Arterial, with a 35-foot existing half right-of-way and a 47-foot proposed half right-of-way.

SITE PLAN

PLAN OF OPERATION

FINDINGS OF FACT

File-dated September 21, 2018

File-dated October 20, 2018

File-dated September 21, 2018 ZONING HISTORY 2017-ZON-010; 2829 Madison Avenue (south of site), requested the rezoning of 4.8 acres from the D-10 district to the C-4 classification to provide for commercial uses, approved. 2016-UV3-017; 2715 Madison Avenue (north of site), requested a variance of use of the Consolidated Zoning and Subdivision Ordinance to provide for the conversion of the existing retail building into an indoor self-storage facility, including indoor boat/RV storage, granted. (Continued)

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STAFF REPORT 2018-DV1-044 (Continued) 2014-CZN-828 / 2014-CVR-828; 2829 Madison Avenue (south of site), requested the rezoning of 4.48 acres from the C-5 District to the D-10 classification to provide for four, three-story multi-family buildings, with 144 units and a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a multi-family development, with a floor area ratio of 0.7036 and an open space ratio of 1.067; approved and granted. 2002-HOV-026; 2640 Madison Avenue (north of site), requested a variance of development standards of the Commercial Zoning Ordinance to provide for a trash dumpster located within the required front yard, granted. 2001-UV1-005; 2715 Madison Avenue (north of site), requested a variance of use of the Dwelling Districts Zoning Ordinance to provide for a 7,396-square foot addition and a 28,804-square foot addition to an existing commercial building, granted. 2001-ZON-059; 2715 Madison Avenue (north of site), requested the rezoning of 10.337 acres from C-5 and D-8 to C-5, approved. 94-UV1-17; 2715 Brill Road (north of site), requested a variance of use to expand a parking lot for an adult entertainment business, granted. 85-UV2-32; 2735 Brill Road (north of site), requested a variance of use and development standards of the Commercial Zoning Ordinance to provide for the removal of an existing residence and construction of a 1,256-square foot addition to an existing garage to be used for the storage of commercial vehicles both inside and outside; granted. 83-UV1-107; 2740 Madison Avenue (south of site), requested a variance of use of the Commercial Zoning Ordinance and of the Dwelling Districts Zoning Ordinance to allow the outside display of merchandise in the required front yard of an existing retail furniture store and off-street parking on a portion of the subject property; granted. 79-UV1-105; 2652 Brill Road (west of site), requested a variance of use to provide for an automobile machine shop; granted. 78-UV1-105; 2652 Brill Road (west of site), requested a variance of use and development standards to permit erection of a 60’ x 40’ building for automotive machine shop, as per plans filed, with three off-street parking spaces available; granted. RU *******

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STAFF REPORT 2018-DV1-044 (Continued) 2018-DV1-044; Location Map

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2018-DV1-044; Site Plan

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2018-DV1-044; Plan of Operation

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Existing building on subject site looking east.

Subject site, proposed area for request for one on-site parking space with deficient maneuvering, with

a three-foot front setback, looking south.

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Subject site, outside storage area, looking east

Subject site, outside storage area looking west, along south property line.

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Adjacent commercial use to the north and east, looking east.

Adjacent commercial uses to the west, looking southwest.

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STAFF REPORT


Current Planning Section Case Number: 2018-DV1-047 Address: 4565 North Park Avenue (approximate address) Location: Washington Township, Council District #7 Zoning: D-2 (W-5) Petitioner: Heather R. Colvan and Bryan K. Wrench Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to legally establish a six-foot tall opaque fence in the front yard of 46th Street and within the clear sight triangle of the abutting street and alley and to legally establish a four-foot tall wrought iron fence in the right-of-way of Park Avenue and the clear sight triangle of the abutting streets (maximum 42-inch tall fence permitted in the front yard, fences not permitted in the right-of-way and clear sight triangle).

ADDENDUM FOR JANUARY 3, 2019 This petition was continued from the December 4, 2018 BZA I Hearing to the January 3, 2019 BZA I Hearing at the request of the petitioner. No new information has been submitted, staff continues to recommend denial. ADDENDUM FOR DECEMBER 4, 2018 This petition was continued from the November 8, 2018 BZA I Hearing to the December 4, 2018 BZA I Hearing at the request of the petitioner. No new information has been submitted, staff continues to recommend denial. NOVEMBER 8, 2018 RECOMMENDATIONS Staff recommends denial of the request to legally establish the six-foot tall fence within the clear sight triangle of 46th Street and the alley, and the request to legally establish the four-foot tall fence in the clear sight triangle on 46th Street and Park Avenue. Staff recommends approval of the 50-foot long, six-foot-tall fence along 46th Street that does not interfere with the clear sight triangle, and construction of the four-foot tall wrought-iron fence in the right-of-way of Park Avenue. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-2 (W-5) Compact Single-Family Dwelling (Continued)

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STAFF REPORT 2018-DV1-047 (Continued) SURROUNDING ZONING AND LAND USE North D-4 Single-Family Dwelling South D-2 Single-Family Dwelling East D-2 Single-Family Dwelling West D-2 Single-Family Dwelling

LAND USE PLAN The Meridian Kessler Neighborhood Plan (2016) recommends

traditional neighborhood development.

The site is currently developed with a single-family dwelling with a detached garage. The property is surrounded by a fence constructed of wood and wrought iron. The wrought iron fence severally parallels the Park Avenue frontage and half of the 46th Street frontage. The remaining frontage along 46th Street includes a six-foot tall opaque wood fence.

The surrounding sites are developed with single-family dwellings and detached garages on lots of similar size. During Staff’s site visit, no nearby properties had a fence in their front yards.


The grant of this request would permit a fence within the right-of-way of Park Avenue. The grant of this request would permit a four-foot tall fence in the clear sight triangle of the of Park Avenue and 46th Street. The grant of this request would permit a six-foot tall fence in the clear sight triangle of the alley and 46th Street. The grant of this request would permit a six-foot tall fence in the front yard of 46th Street.

The petitioner would also be required to apply for and be granted an Encroachment permit in order for the fence to remain in the front yard of Park Avenue.

DEVELOPMENT STANDARDS FINDINGS OF FACT

Criterion 1 states “THE APPROVAL WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE COMMUNITY.” The petitioner’s response is “The subject 6-foot fence does not block the clear sight triangle at the intersection of 46th Street and Park Ave. as the subject 6-foot fence is over 80 feet from the intersection of Park Ave. and 46th Street. The subject 6-foot fence likewise does not impact the clear sight line triangle at the alley because vehicles and pedestrians can safely go beyond the fence to see traffic on 46th Street. Neither pedestrian or vehicle traffic will be endangered by the fence.”

o Staff believes that the grant of fences in the clear sight triangle would pose a safety hazard to cars and pedestrians. Fences within the clear sight triangles are obstacles to sight distance visibility moving through the intersection. Additionally, the six-foot tall fence within the clear sight triangle of the alley and 46th Street provides a place for prospective criminals to hide, creating a space that could be dangerous to persons walking along the sidewalk. Staff, does believe that some privacy should be provided, especially on this lot that has two front yards. Staff believes that 50-foot long, six-foot tall fence along 46th Street is permissible to provide the family with privacy. Additionally, Staff feels that the four-foot tall fence along Park Avenue that is constructed within the right-of-way does not pose any safety issues for the general welfare of the community, except where it is within the clear sight triangle. (Continued)

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Criterion 2 states “THE USE AND VALUE OF THE AREA ADJACENT TO THE PROPERTY INCLUDED IN THE VARIANCE WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER.” The petitioner’s response is “A six-foot wood fence has been in the same location as the current fence for at least 9 years since 2009. It is beneficial to the value of adjacent properties for the fence to be replaced.”

o The grant of this variance could negatively affect every pedestrian and motorists moving through the intersections adjacent to the fences, especially the portions of the fences within the clear sight triangles. As staff mentioned, the fence could pose safety hazards to pedestrians and vehicles moving around the site and this would most likely not affect the use of adjacent properties, however it would negatively affect the value of adjacent properties if the petitioner were granted the variance to construct in the clear sight triangles. Staff does not believe that the grant of the variance for a portion of six-foot tall fence in the front yard of 46th and the four-foot tall wrought-iron fence in the front yard of Park Avenue would negatively affect the use or value of the neighboring properties.

Criterion 3 states “THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL RESULT IN PRACTICAL DIFFICULTIES IN THE USE OF THE PROPERTY BECAUSE.” The petitioner’s response is “The fence is a minimal deviation from the Ordinance requirement, is already in place, and poses no danger to vehicles or pedestrians. If the fence is removed, the property owners will lose the privacy and safety the fence has provided on the property for over nine years. Improvements such as this fence should be supported because the improvements do not pose a public safety or health risk.”

o Staff determined that the property could be used safely without any fences. However, staff understands the practical difficulty that results from having two front yards which can limit privacy to some extent. Staff believes that the western 50 feet of the six-foot tall privacy fence would be sufficient enough to provide the family with the necessary privacy.

GENERAL INFORMATION THOROUGHFARE PLAN Park Avenue is classified in the Official Thoroughfare Plan

for Marion County, Indiana as a local street, with a 70-foot existing right-of-way and a 70-foot proposed right-of-way.

46th Street is classified in the Official Thoroughfare Plan for Marion County, Indiana as a secondary arterial, with a 60-foot existing right-of-way and a 60-foot proposed right-of-way.

SITE PLAN File-dated September 24, 2018.

PETITIONER PHOTOGRAPHS File-dated September 24, 2018. FINDINGS OF FACT File-dated September 24, 2018.

(Continued)

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STAFF REPORT 2018-DV1-047 (Continued) ZONING HISTORY – SITE EXISTING VIOLATIONS VIO18-007301; 4565 North Park Avenue, Zoning Violation of two front yard fences, one over 42 inches, in the clear sight triangle of Park Avenue and 46th Street and in the clear sight triangle of 46th Street and the alley. PREVIOUS CASES None. ZONING HISTORY – VICINITY 2009-ZON-090; 510 East 46th Street (northwest of site), Rezoning of 2.789 acres from the D-4 (W-5) district to the SU-2 (W-5) classification, adopted. PS

*******

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2018-DV1-047; Petitioner Submitted Photographs

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41


Photo of the Subject Property: 4565 North Park Avenue (looking southeast)

Photo of the fence along the 46th Street frontage.

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Photo of the fence in the Park Avenue and 46th Street clear sight triangle.

Photo of the fence in the right-of-way of Park Avenue.

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Photo of the fence in the clear sight triangle of 46th Street and the alley.

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Photo of the property across Park Avenue (4560 North Park Avenue).

Photo of the properties across 46th Street.

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STAFF REPORT


Current Planning Section Case Number: 2018-UV1-039 Address: 1436, 1440 and 1442 East 10th Street (approximate address) Location: Center Township, Council District #17 Zoning: MU-1 Petitioner: Cardinal Homes LLC, by Paul Carroll Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for three single-family dwellings (not permitted), with 10-foot front yard setbacks, five-foot side yard setbacks, and four-foot rear transitional setbacks (12-foot front, 10-foot side and 15-foot rear transitional setbacks).

A timely automatic continuance was filed by a registered neighborhood organization continuing this matter from the November 8, 2018, hearing to the December 4, 2018 hearing. This petition was continued from the December 4, 2018 hearing, to the January 3, 2019 hearing at the request of the petitioner, to provide time to amend the petition. This petition will need to be continued from the January 3, 2019 hearing, to the February 5, 2019 hearing at the request of the petitioner, to provide additional time to amend the petition. RU *******

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STAFF REPORT


Current Planning Section Case Number: 2018-UV1-041 Address: 3525 North Kitley Avenue (approximate address) Location: Warren Township, Council District #13 Zoning: D-3 Petitioner: Mike L. Hildebran and Linda Hildebran, by Kevin J. Riley Request: Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for outdoor storage, including portable storage containers (not permitted), the parking and storage of commercial vehicles (not permitted) related to ongoing site clearance and maintenance and to legally establish the 3,518-square foot, 24-foot tall accessory building larger and taller than the 1,168-square foot, 12-foot tall, primary dwelling (not permitted).

ADDENDUM JANUARY 3, 2019 This petition was continued from the December 4, 2018 hearing, to the January 3, 2019 hearing at the request of the petitioner. No new information has been provided to the file. December 4, 2018 RECOMMENDATIONS

Staff recommends denial of this petition as proposed. SUMMARY OF ISSUES

The following issues were considered in formulating the recommendation:

LAND USE

EXISTING ZONING AND LAND USE

D-3 Single-family dwelling / Accessory storage building


North - D-3 Single-family dwellings South - D-3 / SU-1 Single-family dwelling East - D-3 Single-family dwellings West - D-3 / SU-1 Single-family dwellings / Religious Use

COMPREHENSIVE PLAN The 38th Street and Shadeland Avenue Area Plan (1986) recommends low density residential development for the site.

(Continued)

47

STAFF REPORT 2018-UV1-041 (Continued) VARIANCE OF USE

The 4.9-acre subject site, zoned D-3, is improved with a single-family dwelling, a portable storage container, and an accessory storage building. This request would provide for outdoor storage, including portable storage containers, the parking and storage of commercial vehicles related to ongoing site clearance and maintenance and to legally establish the 3,518-square foot, 24-foot tall accessory building larger and taller than the 1,168-square foot, 12-foot tall, primary dwelling.

The proposed use would be permitted in the C-7, I-1, I-2, I-3 and I-4 Districts, which require certain development standards designed to minimize the impact of an intense use on the surrounding residential development. In appropriately zoned districts, the required setbacks within the Metro Context Area would range from 40 feet in the C-7 District to 150 feet in the I-4 District. The D-3 district requires no transitional yards. The proposed use would have a north side yard setback of 10 feet, and an east side setback of zero feet in some areas, according to the submitted site plan. This request would be a deviation from those standards.

The lack of appropriate setbacks to the north and east is one indication that the proposed use would not be appropriate for this site and the adjacent residential properties. At a minimum, substantial setbacks should be provided to separate this intense commercial use from the existing residential quality of the area. However, it could prove difficult to meet the transitional yard setbacks and still provide for the requested outdoor storage, portable storage containers, and the parking and storage of commercial vehicles in the remaining 195 feet of width available on the site.

Staff also has concerns that the vehicular access of the commercial vehicles to the site would intensify the use on the site, and negatively impact the surrounding residential development.

The proposed use could be more appropriately located on sites zoned to accommodate the outdoor storage, including portable storage containers and the parking and storage of commercial vehicles, without the need for a use variance. Consequently, an unusual and unnecessary hardship does not exist and the existing site could be developed residentially without any adverse impact upon surrounding property owners.

The 38th Street and Shadeland Avenue Area Plan recommends low density residential development for the site. The proposed location of an intense commercial storage use in this area would be counter to the Comprehensive Plan, and would degrade the quality of life for the area residents.

As proposed, the request is not supportable, as it would not be consistent with the recommendations of the neighborhood plan, and would not provide sufficient transitional yard setbacks, screening and buffering.

(Continued)

48

STAFF REPORT 2018-UV1-041 (Continued) GENERAL INFORMATION

THOROUGHFARE PLAN This portion of North Kitley Avenue is not designated on the Official Thoroughfare Plan.

SITE PLAN

PLAN OF OPERATION



FINDINGS OF FACT File-dated October 16, 2018 ZONING HISTORY 2018-UV1-038; 6629 Massachusetts Avenue (east of site), requested a variance of use of the Consolidated Zoning and Subdivision Ordinance to provide for outdoor storage, including portable storage containers for the storage of accessory residential equipment and supplies and the parking and storage of commercial vehicles related to ongoing site clearance and maintenance, denied. 2001-UV1-031; 6501 Massachusetts Avenue (west of site), requested a variance of use of the Dwelling Districts Zoning Ordinance to provide for a 10,960-square foot warehouse addition to an existing union hall, granted. 99-UV2-45; 6710 East 34th Street (east of site), requested a variance of use of the Dwelling Districts Zoning Ordinance to provide for a parked tow truck and an enclosed box truck for commercial storage and to provide for an automobile repair use, granted. 98-HOV-93; 6718 East 34th Street (south of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for construction of detached accessory garage equally 93% of the primary structure, and accessory uses equally 105% of the primary structure (maximum 99% permitted), approved. 94-UV3-2; 6423 East 34th Street (west of site), (amended) requested a variance of use of the Dwelling Districts Zoning Ordinance to provide for the parking of two commercial trucks inside the garage and park one commercial vehicle outside the garage, granted. 93-Z-94; 6141 East 34th Street (west of site), requests the rezoning of 5.14 acres, being in the D-A District, to the C-S classification to provide for a combination self-storage facility and existing contractor office\utility building, approved. 88-UV1-90; 6141 East 34th Street (west of site), requests a variance of use to permit construction of a utility building for the storage of equipment and vehicles related to a concrete construction business, approval limited to petitioner for five years. RU *******

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STAFF REPORT 2018-UV1-041 (Continued) 2018-UV1-041: Location Map

50

2018-UV1-041: Site Plan

51

2018-UV1-041: Plan of Operation

52

2018-UV1-041: Photographs

Subject site, single family dwelling looking north.

Subject site, accessory building looking east.

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Subject site, portable storage container and commercial vehicle parking and storage, looking east.

Subject site, commercial vehicle parking and storage, looking east.

54

Subject site, gravel and asphalt millings outdoor storage pile, looking south.

Adjacent single-family dwelling to the north of subject site.

55

STAFF REPORT


Current Planning Section Case Number: 2018-DV1-054 Address: 969 Elm Street (approximate address) Location: Center Township, Council District #16 Zoning: D-8 Petitioner: Gregory C. Wall Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a single-family dwelling, with a two-foot west side setback, five feet between primary dwellings on abutting lots (chimney separated by three feet), and 50% open space (four-foot side setbacks, 10-foot separation between primary dwellings on abutting lots, and 55% open space required).

This petition should be continued from the January 3, 2019 hearing, to the February 5, 2019 hearing at the request of the petitioner, to provide time to amend the petition. RU *******

56

STAFF REPORT


Current Planning Section Case Number: 2018-DV1-055 Address: 6113 Bluff Crest Court (approximate address) Location: Perry Township, Council District #20 Zoning: D-A (W-5) Petitioner: Susan Easterday, by Mark and Kim Crouch Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the construction of a 24-foot tall, 1,500-square foot pole barn, with a 10-foot north side setback (accessory building can not be taller or larger than the primary dwelling, minimum 15-foot setback required).

RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-A (W-5) Metro Single-Family Residential SURROUNDING ZONING AND LAND USE North D-A (W-5) Single-Family Residential South D-A (W-5) Single-Family Residential East D-4 (W-5) Agricultural West D-A (W-5) Single-Family Residential LAND USE PLAN The Perry Township Comprehensive Plan (2015) recommends low-

density residential (0 – 1.75 units per acre) development.

The site is currently developed with a single family dwelling; the property currently has no access drive, upon Staff’s visit it appears vehicles are driving over grass.

Many of the surrounding sites are platted in similarly sized lots and developed with single-family dwellings with a detached garage and access drive. None of the nearby lots have received a variance to construct a garage.

(Continued)

57


The purpose of the W-5 district is to minimize the risk from hazardous materials or objectionable substances that could pose an issue to groundwater quality. All development within W-5 Wellfield is subject to Commission approval and must be reviewed by a Technically Qualified Person.


The grant of this request would permit a garage that is taller and has more square footage than the primary structure on site – the single-family dwelling – with a deficient side setback.

Setbacks are required to keep a minimum distance between property improvements and help reduce drainage overflows onto adjacent properties. Additionally, setbacks provide the required space needed to construct and maintain structures on a property without requiring access through adjacent properties.

Section 743- 6 states that any accessory use shall be customarily incidental, accessory and subordinate to, and commonly associated with, the operation of the primary use of the lot. This regulation is in place to prevent residential districts being developed with garages and barns that would dominate the neighborhood and create a non-residential aesthetic.


Criterion 2 states “THE USE AND VALUE OF THE AREA ADJACENT TO THE PROPERTY INCLUDED IN THE VARIANCE WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER.” The petitioner’s response is “proposed pole barn is consistent with development in the area and adjacent area.”

o The approval of this request would permit the construction of a commercial-like garage in a residential neighborhood. This would negatively impact the value of adjacent properties in the otherwise residential area.

Criterion 3 states “THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL RESULT IN PRACTICAL DIFFICULTIES IN THE USE OF THE PROPERTY BECAUSE.” The petitioner’s response is “proposed pole barn is larger and taller than the existing primary structure creating a need for a reduction of north side setback and an increase of allowable height and square footage of accessory.”

o The grant of this request would not prevent this property from being used as zoned. The option to construct multiple smaller garages on site is available.

GENERAL INFORMATION THOROUGHFARE PLAN Bluff Crest Court is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a local street, with a 40-foot existing right-of-way and a 50-foot proposed right-of-way.

SITE PLAN File-dated November 26, 2018.

FINDINGS OF FACT File-dated November 26, 2018.

(Continued)

58

STAFF REPORT 2018-DV1-055 (Continued) ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None. ZONING HISTORY – VICINITY 90-V3-118; 6030 Bluff Crest Court (north of site), Variance of use and development standards of the Dwelling District Zoning Ordinance to permit the construction of a single-family residence on a lot smaller than the required 3 acres and having a lot width of 147 feet at the setback line (250 feet required), granted. PS

*******

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60


61


62


Photo of the Subject Property: 6113 Bluff Crest Court

Photo of the Subject Property, the driveway is located on an adjacent parcel.

63

Photo of the property to the south of the Subject Property.

Photo showing the properties to the north of the Subject Property.

64

Photo showing the property across the street (west) of the subject property.

65

STAFF REPORT


Current Planning Section Case Number: 2018-DV1-056 Address: 8304 North College Avenue (approximate address) Location: Washington Township, Council District #2 Zoning: D-2 Petitioner: Daniel and Anna Rutigliano, by Cindy Thrasher Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the replacement of a sunroom with a one-foot side setback (seven-foot side setback required).

The petitioner has requested that this petition be continued from the January 3, 2019 hearing, to the

February 5, 2019 hearing, to allow time to provide requested information to the file.

RU *******

66

STAFF REPORT


Current Planning Section Case Number: 2018-DV1-057 Address: 2536 East 10th Street (approximate address) Location: Center Township, Council District #17 Zoning: MU-1 Petitioner: DA Dental Partners LLC, by Cindy Thrasher Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for signs covering 100% of the windows, creating zero percent transparency (window signs limited to 25% coverage and 40% transparency required between three and eight feet) and an unenclosed dumpster (dumpster enclosure required).

RECOMMENDATIONS Staff recommends denial of this request. Staff could recommend approval if the signage were removed and the windows into only the patient rooms were tinted (eg. Frosted glass, etc.). SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE MU-1 Compact Dental Office SURROUNDING ZONING AND LAND USE North MU-1 / D-5 Preschool South C-3 Vacant East C-3 Bar or Tavern West MU-1 Abandoned Commercial Structure LAND USE PLAN The Highland Brookside Housing Improvement and Neighborhood

Plan (1993) recommends medium-density residential (5-15 units per acre) development.

The 9,532 square-foot site is currently developed with a commercial building, parking lot, and freestanding sign. Currently, the building’s windows are covered with signage. The buildings’ windows, if uncovered, would comply with the transparency requirement; the parking lot and signage are also in compliance. The trash container is not enclosed or screened.

(Continued)

67


Many of the surrounding sites are developed with commercial or institutional structures, most of which do not have a variance or they are legal-nonconforming structures.


The grant of this request would permit a commercial structure without transparency and a dumpster without screening.

The Zoning Ordinance defines Transparency as “the level of visibility provided and maintained between an inside and outside activity area of the building, which is usually through the windows and doors.” This regulation is included in the Ordinance to provide for an active pedestrian space that allows those outside the structure to observe what is inside the structure and vice versa. This requirement allows for an activated pedestrian space and increased safety.

Chapter 744, Article V, Section 08(B: Loading and Service Areas) states that “These standards shall apply to all exterior areas containing without limitation garbage dumpsters, grease/oil tanks, recycling bins and cardboard compactors on all properties…In all districts, non-enclosed service areas and off-street loading areas shall be screened when viewed from ground level from all streets bounding the block on which the property is located as described in subsections 3 or 4 below, as applicable.”

Patient rooms that require privacy should still comply with the transparency requirement of the Zoning Ordinance. Blinds, shades, or curtains (etc.) can be utilized to maintain compliance with the transparency requirement while providing privacy to any persons inside. Covering windows 100% without the signs is an inappropriate method of providing privacy.


Criterion 3 states “THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL RESULT IN PRACTICAL DIFFICULTIES IN THE USE OF THE PROPERTY BECAUSE.” The petitioner’s response is “The ordinance does not allow for signage between the heights of 3’-8’ on windows and are required to be transparent. If the variance is not granted the windows will not be allowed to have the sign screening and patient room and offices will not be private.”

o Staff believes that there is no practical difficulty in the use of the property in regard to the sign standards and screening standards. The property could still be used as a dentist office without the grant of this variance. Additionally, the patient rooms could still be private without the grant of this variance.

GENERAL INFORMATION THOROUGHFARE PLAN 10th Street is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a primary arterial, with a 60-foot existing right-of-way and a 74-foot proposed right-of-way.


ELEVATIONS File- dated November 27, 2018.

(Continued)

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STAFF REPORT 2018-DV1-057 (Continued) FINDINGS OF FACT File- dated November 27, 2018. ZONING HISTORY – SITE EXISTING VIOLATIONS VIO18-006551; 2536 East 10th Street, Windows completely covered with graphic signs no permits covering more than 25% of the windows, unenclosed dumpster. PREVIOUS CASES 85-UV1-88; 2536 East 10th Street, Missing file. ZONING HISTORY – VICINITY 2002-UV1-034; 945 North Temple (south of site), Variance of use of the Commercial Zoning Ordinance to provide for outdoor sales of merchandise within the public right-of-way (not permitted), withdrawn. 2018-UV2-001; 2602 East 10th Street and 1009 North Temple Avenue (east of site), 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, granted. 94-UV3-114; 2530, 2532 and 2534 East 10th Street (west of site), Variance of use of the Commercial Zoning Ordinance to provide for the conversion of one unit in a four-plex from an antique store to a dwelling unit and legally establish two single-family residences (not permitted), granted. PS

*******

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70


71

2018-DV1-057; Elevations

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73


Photo of the Subject Property: 2536 East 10th Street

Photo showing the unenclosed dumpster located on the west side of the building.

74

Photo from the Subject Property looking east along 10th Street.

Photo showing the east side of the structure on the Subject Property.

75

STAFF REPORT


Current Planning Section Case Number: 2018-DV1-058 Address: 4555 Earlham Drive (approximate address) Location: Perry Township, Council District #24 Zoning: D-2 Petitioner: David Beaman, by Cindy Thrasher Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the construction of a 24.33-foot tall, 1728-square foot garage taller than the primary dwelling (not permitted).

The petitioner has requested that this petition be continued from the January 3, 2019 hearing, to the

February 5, 2019 hearing, to allow time to provide requested information to the file.

RU *******

76

STAFF REPORT


Current Planning Section Case Number: 2018-UV1-043 Address: 5314 (5326 & 5328 tenant spaces) West 79th Street (approximate

address) Location: Pike Township, Council District #1 Zoning: I-1 Petitioner: Kerry Lynn Horton Request: Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for artisan food and beverage, a restaurant, with alcohol sales and outdoor seating (not permitted).

RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES LAND USE

EXISTING ZONING AND LAND USE

I-1 Industrial / Office Building


North - I-3 Industrial / Factory Building

South - I-3 Industrial / Distribution Building

East - I-1 Industrial / Office Building

West - I-2 Industrial / Office Building

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Pike Township (2005) recommends Light Industrial Use.

The subject site, zoned I-1, is improved with a multi-tenant industrial structure and surface parking lot.

The Comprehensive Land Use Plan for Pike Township (2005) recommends Light Industrial Use.

VARIANCE OF USE

A previous petition (2017-UV2-023), provided for the production and sale of craft beer within an existing tenant space (5328 West 79th Street). Staff recommended approval of that petition, based on the premise that the production of the craft beer would be the primary use, and the on-site sale of the craft beer would be accessory to the production. The proposed limited scale and intensity of that use was thought to be similar in intensity to surrounding uses.

(Continued)

77


The current petition request would be an expansion of uses from the production and sale of craft beer, to include the commercial sale of artisan food and beverages, and a restaurant with alcohol sales and outdoor seating within two existing tenant spaces (5326 and 5328 West 79th Street).

This expansion would result in additional intensity from the more significant commercial customer base, placing demands on parking, expanding hours of operation and the attendant externalities.

Staff does have concerns regarding the integration of commercial uses into designated industrial zoned areas, as many commercial uses have an increased customer demand, which can be impactful in an area specifically designed for industrial development.

The I-1 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.

The outdoor seating expansion would remove two parking spaces from the parking area, one being a handicapped accessible space. This would put additional demand on adjacent users to accommodate their parking needs. The outdoor seating area would also be considered outside operations, which is not allowed within the I-1 district, as outdoor drinking and dining would occur during seasonable weather.

The site plan indicates a proposed BBQ / Meat Smoking area to the rear of the building, which would require an additional variance. The petitioner has indicated they would remove the BBQ / Meat Smoking area and provide a new site plan to reflect that.

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-1 and could be used for any number of uses permitted, by right, in the I-1 zoning classification. Any practical difficulty is self-imposed by the desire to use the site for commercial uses.

GENERAL INFORMATION THOROUGHFARE PLAN This portion of West 79th Street is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a secondary arterial, with a 32-foot existing half right-of-way and a 63-foot proposed half right-of-way.


PLAN OF OPERATION File-dated November 14, 2018.

FINDINGS OF FACT File-dated November 14, 2018.

(Continued)

78

STAFF REPORT 2018-UV1-043 (Continued) ZONING HISTORY 2017-UV2-023; 5214 (5252) West 79th Street (east of site), requested a variance of use of the Consolidated Zoning and Subdivision Ordinance to provide for indoor commercial recreational uses, granted. 2014-UV2-014; 5328 West 79th Street (includes a portion of subject site), Variance of use of the Industrial Zoning Ordinance to provide for the production and sale of craft beer, granted. 2000-DV2-007; 5025 West 79th Street (east of site), Variance of development standards of the Industrial Zoning Ordinance to provide for the construction of a 520,000 square-foot building, with 32 loading spaces and maneuvering area between the front of the proposed building and the front line and within the front yard of 79th Street, granted. 88-V3-111; 7950 Allison Avenue (north of site), Variance of development standards of the Industrial Zoning Ordinance to provide for 178,490 square feet of outdoor storage, granted. RU *******

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80

2018-UV1-043; Site Plan / Floor Plan

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82

2018-UV1-043; Plan of Operation continued

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84


85


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87


Subject site existing tenant spaces (5326 and 5328 West 79th Street), looking north

Subject site existing tenant space (5326 West 79th Street), and proposed outdoor seating area

expansion, looking north

88

Subject site existing tenant space (5328 West 79th Street), looking north

Adjacent light industrial warehouse uses to the south

89

Adjacent light industrial warehouse uses to the west

Adjacent light industrial warehouse uses to the east

90

STAFF REPORT


Current Planning Section Case Number: 2018-UV1-044 Address: 11832 East McGregor Road (approximate address) Location: Franklin Township, Council District #25 Zoning: D-A Petitioner: Kristy Keough Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for a second dwelling unit (not permitted), with a 14-foot side setback (15-foot side setback required) on a lot without frontage and lot with along a public street (125 feet of frontage and 250 feet of lot width required).

RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-A Metro Single-Family Residential SURROUNDING ZONING AND LAND USE North D-A Agricultural South D-A Single-Family Residential East D-A Single-Family Residential West D-A Single-Family Residential LAND USE PLAN The Franklin Township Comprehensive Plan (2015) recommends

low-density residential (0-1.75 units per acre) development.

The site is currently developed with a two-story, single-family dwelling, a detached garage, and a gravel drive. The access drive from McGregor Road is shared with three other single-family dwellings.

Many of the surrounding sites are similar in size and developed with single-family dwellings. While three of the dwellings with access from McGregor Road clearly use the shared gravel drive, it appears that an additional one or two dwellings use the drive as well. This puts, potentially, five dwellings sharing access from one drive. From Staff’s research, only one property west of the drive has been granted a variance to construct a dwelling with access from this drive.

(Continued)

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STAFF REPORT 2018-UV1-044 (Continued) VARIANCE OF USE

The grant of this request would permit a second single-family dwelling on one lot that has no street frontage and with deficient setbacks.

Section 742-103 of the Ordinance states that in the Dwelling Districts only one primary use is permitted per lot. This regulation is in place to promote the orderly development of residential uses and to ensure safe and efficient access in emergencies.

The purpose of the lot frontage and lot width requirements are in place to provide direct access from a road to a dwelling. This requirement promotes each primary dwelling to have direct access from a road in case of an emergency, thus making it easier and quicker for emergency services to find the address in question.

Setbacks are required to keep a minimum distance between property improvements and help reduce drainage overflows onto adjacent properties. Additionally, setbacks provide the required space needed to construct and maintain structures on a property without requiring access through adjacent properties.

During Staff’s research, it was noted that a previous variance case (71-UV2-109) granted permission to two single family dwellings to the west of the subject property use of the shared access drive from McGregor Road. Staff has not found any evidence that the subject property has permission to use the access drive from McGregor Road.

FINDINGS

Criterion 1 states “THE GRANT WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE COMMUNITY BECAUSE.” The petitioner’s response is “Petitioners are not effecting or harming the neighbors with the garage/in-law quarters building.”

o Staff believes that the addition of a dwelling that would use the shared access drive from McGregor Drive would pose a threat to the safety of all dwellings already using the shared drive. In the case of an emergency, the possibility of the emergency services arriving at the wrong location increases with each additional dwelling gaining access from the drive.

Criterion 3 states “THE NEED FOR THE VARIANCE ARISES FROM SOME CONDITION PECULIAR TO THE PROPERTY INVOLVED.” The petitioner’s response is “Petitioners use the garage/in-law quarters for extra storage and aging family members.”

o Staff believes there is no peculiarity in the use of this property as it would conform to the Zoning Ordinance regulations. The property can be used and developed residentially as zoned without the grant of the variance. The need for another home on one lot insinuates overdevelopment.

Criterion 4 states “THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL CONSTITUTE AN UNNECESSARY HARDSHIP IF APPLIED TO THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT.” The petitioner’s response is “The petitioners 2+ acres could be split to have a total of three buildings for housing.”

o The strict application of the terms of the ordinance would not prevent this lot from being used or developed residentially as zoned. (Continued)

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STAFF REPORT 2018-UV1-044 (Continued) GENERAL INFORMATION THOROUGHFARE PLAN McGregor Road is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a primary collector, with a 50-foot existing right-of-way and an 80-foot proposed right-of-way.

SITE PLAN File-dated November 20, 2018. FINDINGS OF FACT File-dated November 20, 2018. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES 71-UV2-109; 11829-11828 McGregor Road, Variance of use of lot width frontage, and floor area requirements and issuance of an improvement location permit on a private drive, to erect a two-family dwelling, granted. ZONING HISTORY – VICINITY 2018-DV2-006; 11816 East McGregor Road (west of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a detached garage, with a five-foot setback (15-foot side setback required), granted. PS

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95

2018-UV1-044; Findings of Fact

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Photo of the Subject Property: 11832 East McGregor Road

Photo of the shared access easement from McGregor Road.

97

Photo of the garage currently on site.

Photo showing the south portion of the Subject Property.

98

STAFF REPORT


Current Planning Section Case Number: 2018-UV1-045 Address: 5101 West 38th Street (approximate address) Location: Wayne Township, Council District #10 Zoning: C-5 Petitioner: Park 65 LLC, by Russell L. Brown Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for parking for school buses (not permitted), with 15-foot transitional yards (20-foot side and rear transitional yards required).

RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE C-5 Metro Vacant Auto Sales Lot & Bus Parking SURROUNDING ZONING AND LAND USE North C-4 Shopping Center South D-6II Apartments East SU-1 / C-5 Religious / Commercial Facility West D-4 / C-5 Single-Family Residential / Car Wash LAND USE PLAN The Eagledale Neighborhood Plan (2001) recommends CC

(Commercial Cluster) development.

This site is developed with a parking lot, which is part of a larger site containing a vacant automobile sales building.

The parcels to the north are commercial, the parcels to the east is religious, the parcels to the west are residential, and the parcel to the south is multi-family dwellings. The lots to the west are a part of a developed residential subdivision. Upon Staff’s site visit we discovered, there is little to no buffer and the dwellings can be seen and heard from the site. The sites to the east, west, and south are protected districts.

(Continued)

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STAFF REPORT 2018-UV1-045 (Continued) VARIANCE OF USE AND DEVELOPMENT STANDARDS

The grant of this request would permit the use of this parcel as a parking lot, with deficient transitional yards. The lot would be used for school buses and the personal vehicles of the drivers.

The site is currently used for the parking of buses. This use is not permitted and did not apply for or receive the necessary approvals.

Transitional yards are required to provide an enhanced buffer between protected districts and higher intensity uses. Transitional yards can buffer noise, light, and potentially odors migrating from higher intensity uses.

The purpose of the C-5, General Commercial District is to provide areas for those retail sales and service functions whose operations are typically characterized by automobiles, outdoor display, or sales of merchandise. Uses permitted in the C-5 district should be located on select heavy commercial thoroughfares and should avoid locating adjacent to protected districts.

Parking of buses, or fleet terminals are permitted in the I-3 and I-4 districts.

o The I-3 district is an intermediate district for industries that present moderate risks to the general public. Wherever practical, this district should be away from protected districts and buffered by intervening lighter industrial districts.

o The I-4 district is for those heavy industrial uses which present an elevated risk to the

general public and are typically characterized by factors that would be exceedingly difficult, expensive, or impossible to eliminate.

USE VARIANCE FINDINGS OF FACT

Criterion 2 states “THE USE AND VALUE OF THE AREA ADJACENT TO THE PROPERTY INCLUDED IN THE VARIANCE WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER BECAUSE.” The petitioner’s response is “The proposed use has no greater impact on surrounding properties than is permitted by the current zoning classification or those contemplated by the comprehensive plan. The regular use of the property will largely be during school days and similar to school hours for students and families who live nearby. All entry and exit from the facility will be through a signalized intersection, decreasing negative impact on surrounding traffic patterns.”

o Staff believes that the intensified use of the site would negatively impact the adjacent protected districts. These properties would suffer from their proximity to a heavy-industrial use, particularly characterized by persistent, noise, fumes, and light infiltration in addition to impact on visual aesthetics.

(Continued)

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Criterion 3 states “THE NEED FOR THE VARIANCE ARISES FROM SOME CONDITION PECULIAR TO THE PROPERTY INVOLVED.” The petitioner’s response is “The portion of the property utilized for the proposed use contains a heavy commercial zoning classification, but no frontage on a thoroughfare. The property was vacant for nearly five years prior to the commencement of this use and reuse of the property for the uses contemplated by the comprehensive plan has been difficult to procure.”

o Staff believes the property has no peculiarities that would support the grant of its proposed use. The site could be used and developed for the permitted uses without the grant of a variance. The underlying zoning district is not a peculiarity.

Criterion 4 states “THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL CONSTITUTE AN UNNECESSARY HARDSHIP IF APPLIED TO THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT.” The petitioner’s response is “The portion of the property utilized for this use is relatively narrow, creating an area which would not be easily buildable or reusable in conformance with existing design patterns. The portion of the property containing the use has no frontage on a thoroughfare and when redevelopment on the front portion is completed, the remaining portion will have limited retail/commercial viability.”

o Staff believes, that while the site is narrow, the site is of an appropriate size to be developed in accordance with the C-5 standards. The site is part of an integrated development, which would not constitute a use variance.

Criterion 5 states “THE GRANT DOES NOT INTERFERE SUBSTANTIALLY WITH THE COMPREHENSIVE PLAN.” The petitioner’s response is “The Comprehensive Plan contemplates automotive related commercial uses. The proposed use has been classified as a Fleet Terminal, which is tangentially related to this classification, however without the retail aspect which is not viable for this acreage without any frontage necessary for a successful commercial/retail use.”

o Staff notes that the grant of this variance would directly interfere with the comprehensive plan recommendation. The Eagledale Neighborhood Plan recommends commercial cluster development, the proposed use of fleet terminal has no relation to this.


Criterion 2 states “THE USE AND VALUE OF THE AREA ADJACENT TO THE PROPERTY INCLUDED IN THE VARIANCE WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER.”

o Staff believes that the reduction of setbacks along the protected district to the west will directly impact the properties in a negative manner. If granted, the reduced transitional yard would not adequately provide protection from the intensity of the proposed use.

Criterion 3 states “THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL RESULT IN PRACTICAL DIFFICULTIES IN THE USE OF THE PROPERTY BECAUSE.”

o Staff believes there is no practical difficulty on the site. The site is of adequate size to be developed in accordance with the C-5 standards as it has been in the past.

(Continued)

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STAFF REPORT 2018-UV1-045 (Continued) GENERAL INFORMATION THOROUGHFARE PLAN West 38th Street is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a primary arterial, with a 120-foot existing right-of-way and a 124-foot proposed right-of-way.


PLAN OF OPERATION File-dated November 21, 2018. FINDINGS OF FACT File-dated November 21, 2018. ZONING HISTORY – SITE EXISTING VIOLATIONS VIO-18-007226; 5101 West 38th Street, a fleet of school buses on the property, bearing the name "Miller Transportation", that are coming and going from the property. The drivers store their personal vehicles on site, suggesting the site is used as the main fleet terminal. No apparent dispatch or offices on site. The amount of school buses stored on site appears to be around 40 buses. PREVIOUS CASES 88-V2-50; 5101 West 38th Street, Variance of development standards of the Commercial Zoning Ordinance to provide for an individual pole sign that is thirty feet in height with a sign face that measures 8.25 x 18.5, granted. 83-V2-98; 5101 West 38th Street, Variance of development standards of the Sign Regulations to allow a third pole sign for an automobile sales and service establishment, denied. ZONING HISTORY – VICINITY 2005-DV3-013; 5175 West 38th Street (west of site), Variance development standards of the Commercial Zoning Ordinance to provide for the construction of a 348.25-square foot office addition to an existing 5,659.3-square foot car wash building located 44.5 feet from a protected district, and a 45-foot by 32-foot building, with an office, breakroom, and two vehicle bays, and located 21.25 feet from a protected district (car wash buildings not permitted within 100 feet of a protected district), with a ten-foot rear transitional yard (minimum twenty-foot rear transitional yard required), granted. 94-V2-15; 5075 West 38th Street, Variance of development standards of the Sign Regulations to provide for the enlargement of an existing individual pole sign in an integrated center of 240 square feet (maximum 75 square feet permitted by a prior petition for this site, 88-V2-50), denied.

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(Continued) STAFF REPORT 2018-UV1-045 (Continued) 85-V3-29; 5145 West 38th Street (west of site), Variance of development standards to provide for the construction and use of a drive-through car wash without the required rear transitional yard, approval. 83-UV2-79; 5025 West 37th Street (east of site), Variance of use of the Dwelling Districts Zoning Ordinance and the Commercial Zoning Ordinance to provide for the construction of three single-family and two four-unit multi-family residences as well as recreational facilities consisting of two athletic fields and a 4,000-square foot club house. Residential and recreational facilities are to be used in conjunction with the existing church located at the northeast corner of 34th Street and Auburn Road, granted. PS

******* 2018-UV1-045; Location Map

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Photo of the Subject Property: 5101 West 38th Street

Photo displaying the transitional yard on site.

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STAFF REPORT


Current Planning Section Case Number: 2018-UV1-046 Address: 1510 South East Street (approximate address) Location: Center Township, Council District #16 Zoning: C-1 Petitioner: David Fishburn, by Mark and Kim Crouch Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for the remodel of an existing single-family dwelling and the construction of a second single-family dwelling (not permitted), with 4.5-foot front setbacks (10-foot front setback required), on proposed lots with 27 feet of frontage and 24 feet of frontage, respectively (50 feet of frontage required).

RECOMMENDATIONS Staff recommends approval of legally establishing the existing structure on the lot with a 4.5-foot front setback with one commitment: any addition or reconstruction shall comply with D-5 standards (eg: open space, setbacks). Staff recommends denial of the request to provide for the construction of a second single-family dwelling and the proposed lot split into two lots with 27 feet of frontage and 24 feet of frontage. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE C-1 Compact Single-Family Residential SURROUNDING ZONING AND LAND USE North D-5 Single-Family Residential South C-1 Two-Family Residential East C-1 Funeral Home West D-5 Single-Family Residential LAND USE PLAN The Southeast Indianapolis Community Strategic Plan (1999)

recommends low density residential (2-5 units per acre) development.

The 110-feet by 50-feet site (5,500 square feet) is currently developed with a single-family dwelling and detached garage.

(Continued)

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The current lot conforms to the D-5, Dwelling District Five, and D-8, Dwelling District Eight, standards.

Many of the surrounding sites (specifically to the north, south, and west) were platted in a similar manner – roughly 5,500 square feet for residential use.

VARIANCE OF USE

The C-1 district is designed to perform two functions: to act as a buffer between uses, and to provide for a freestanding area that office uses, compatible office-type uses, and certain public and semipublic uses may be developed with the assurance that retail and other heavier commercial uses with incompatible characteristics will not impede or disrupt.

While Staff can support legally establishing a dwelling in a commercial district, Staff believes this site would best be rezoned. A rezoning would match the underlying district and permit the existing residential development and would permit remodeling that may occur on site without additional variances.

The purpose of the D-5 (Dwelling District Five) district is intended for medium-intensity residential development and is not intended for suburban use. The application of this district will be found within urban, build-up areas of the community and where all urban public and community facilities and services are available. The D-5 district typically has a density of 4.5 units per gross acre. This district fulfills the low and medium density residential classification of the Comprehensive General Land Use Plan.

VARIANCE OF USE FINDINGS OF FACT

Criterion 3 states “THE NEED FOR THE VARIANCE ARISES FROM SOME CONDITION PECULIAR TO THE PROPERTY INVOLVED.” The petitioner’s response is “residential use is not allowed in an area zoned C-1 and size of the lot is not conductive to commercial use.”

o Staff believes that this property has been residential since at least the 1950s and the lot should continue to be used residentially. However, the terms of the ordinance can not be considered a peculiarity to a property. If the property were rezoned to comply with the comprehensive plan recommendation and to provide for the residential uses that occur on the lot, the need for a variance would be null.

Criterion 5 states “THE GRANT DOES NOT INTERFERE SUBSTANTIALLY WITH THE COMPREHENSIVE PLAN.” The petitioner’s response is “surrounding area and current use is residential which is consistent with the comprehensive plan.”

o The comprehensive plan recommends low density residential; the use of this lot as is would comply with the comprehensive plan.

(Continued)

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STAFF REPORT 2018-UV1-046 (Continued) DEVELOPMENT STANDARDS FINDINGS OF FACT

Criterion 3 states “THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL RESULT IN PRACTICAL DIFFICULTIES IN THE USE OF THE PROPERTY BECAUSE.” The petitioner’s response is “existing dwelling and proposed dwelling are/will be residential in use and lots are/will be smaller than zoning minimums resulting in a need to reduce front yard setbacks. Without variance approval, proposed home will not be reconstructed.”

o Staff believes that the proposal to split the lot into two small, deficient lots would create practical difficulties for the current and future developers and owners of the proposed lots. The grant of a variance should not create practical difficulties, but should only remedy existing practical difficulties. Staff would assert that no practical difficulties exist that warrant the proposed lot frontages, as the D-5 district found in the surrounding area requires a 50-foot lot width.

GENERAL INFORMATION THOROUGHFARE PLAN East 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 55-foot proposed right-of-way.


FINDINGS OF FACT File-dated November 26, 2018. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None. ZONING HISTORY – VICINITY 2018-DV3-047; 1502 South East Street (north of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for an addition to a single-family dwelling, with nonconforming front and south side setbacks and separation between dwellings, creating an open space of 50% and to provide for a deck with a zero-foot north side setback (60% open space required, three-foot side setbacks and 10-foot separation between dwellings required), granted. 2018-HOV-034; 1506 South East Street (north of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish and provide for a single-family dwelling, with an eight-foot front setback, with two feet and 1.5-foot side setbacks, with two feet and 1.5 feet between primary dwellings with a detached garage with two-foot side setbacks, and with 34% open space (18-foot front setback, three-foot side setbacks, 10 feet between dwellings and 60% open space required), granted. (Continued)

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STAFF REPORT 2018-UV1-046 (Continued) 2018-DV3-018; 1462 South East Street (north of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for an addition to a single-family dwelling, with a nonconforming front setback, south side setback and separation between dwellings, creating an open space of 50% and to provide for a deck with a zero-foot north side setback (60% open space required, 18-foot front setback, three-foot side setbacks and 10-foot separation between dwellings required), granted. 2017-HOV-082; 1434 South East Street (north of site), Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a front porch roof, with a front setback of five feet (18-foot setback or average setback required), granted. PS

******* 2018-UV1-046; Location Map

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2018-UV1-046; Sanborn (1956)

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Photo of the Subject Property: 1510 South East Street

Photo of the Subject Property: 1510 South East Street

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Photo of adjacent properties to the north.

Photo of adjacent properties to the south.

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