METROPOLITAN BOARD OF ZONING APPEALS · 3 STAFF REPORT Department of Metropolitan Development...

METROPOLITAN BOARD OF ZONING APPEALS DIVISION II

PUBLIC ASSEMBLY ROOM

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

STAFF REPORTS FOR MAY 19, 2020

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:

2020-DV2-011 6917 BLUFF ROAD PERRY TOWNSHIP, COUNCIL DISTRICT 20

3

2020-DV2-013 314 JEFFERSON AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT 17

14

2020-DV2-014 9191 EAST 86TH STREET LAWRENCE TOWNSHIP, COUNCIL DISTRICT 4

20

2020-DV2-016 2222 EAST 75TH STREET WASHINGTON TOWNSHIP, COUNCIL DISTRICT 2

26

2020-DV2-017 753 EAST MCCARTY STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

35

2020-DV2-018 (AMENDED)

707 EAST MORRIS STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

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2020-DV2-019 236 WEST 35TH STREET CENTER TOWNSHIP, COUNCIL DISTRICT 7

54

2020-UV2-004 6300 GRAY ROAD PERRY TOWNSHIP, COUNCIL DISTRICT 24

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CONTINUED PETITIONS:

2019-DV2-035 2222 BLUFF ROAD AND 357 WEST RAYMOND STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

67

2020-DV2-008* (AMENDED)

6750 EAST 82ND STREET WASHINGTON TOWNSHIP, COUNCIL DISTRICT 3

76

2

2020-DV2-010 1042 SOUTH TREMONT STREET WAYNE TOWNSHIP, COUNCIL DISTRICT 16

89

2020-DV2-012** 6740 SOUTH FRANKLIN ROAD FRANKLIN TOWNSHIP, COUNCIL DISTRICT 25

97

2020-UV2-003 6907 COFFMAN ROAD PIKE TOWNSHIP, COUNCIL DISTRICT 7

106

NEW PETITIONS:

2020-DV2-015 5620 MICHIGAN ROAD WASHINGTON TOWNSHIP, COUNCIL DISTRICT 8

117

2020-UV2-005** 5339 WEST 71ST STREET PIKE TOWNSHIP, COUNCIL DISTRICT 8

128

2020-UV2-006** 518 WARSAW STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

129

* Automatic Continuance ** Continuance Requested *** Withdrawn or Dismissal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: 2020-DV2-011 Address: 6917 Bluff Road (approximate address) Location: Perry Township, Council District #20 Zoning: C-4 Petitioner: 21st Amendment Bluff Road LLC, by Timothy E. Ochs Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a liquor store within 65 feet of the nearest protected district (100-foot separation required).

ADDENDUM FOR MAY 19, 2020 This petition was continued from the April 14, 2020 hearing to the May 19, 2020 hearing. The tree assessment prepared by a certified arborist was submitted to staff. It notes that five Heritage trees over 18 inches Diameter at Breast Height (DBH) would be removed from the site. According to Table 744-503-3 of the Ordinance, a total of 46 trees would need to be planted to replace the heritage trees to be removed. An alternate location would need to be selected since the site cannot accommodate the number of replacement trees required. The petitioner is in contact with the Parks Department to select an appropriate location for the replacement trees. Staff continues to recommend approval of this petition. April 14, 2020 RECOMMENDATIONS Staff recommends approval of this request if the replacement of the existing heritage trees meet Table 744-503-3 of the Ordinance and the tree assessment prepared by a certified arborist is submitted to the Administrator prior to the issuance of an Improvement Location Permit. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE C-4 Metro Undeveloped

(Continued)

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STAFF REPORT 2020-DV2-011 (Continued) SURROUNDING ZONING AND LAND USE North C-3 Strip mall South C-4 Grocery store / Pub East D-7 Railroad ROW / Single-family dwellings West D-P Grocery store / Gas station COMPREHENSIVE PLAN The Comprehensive Plan recommends rural or estate

neighborhood development.

The 0.91-acre site is currently undeveloped and is surrounded by commercial development except for the residences located to the east of the property.

The subject site was rezoned from the C-3 district to the C-4 classification last year.

The Comprehensive Plan recommends rural or estate neighborhood. “The Rural or Estate Neighborhood typology applies to both rural or agricultural areas and historic, urban areas with estate-style homes on large lots. In both forms, this typology prioritizes the exceptional natural features – such as rolling hills, high quality woodlands, and wetlands – that make these areas unique. Development in this typology should work with the existing topography as much as possible. Typically, this typology has a residential density of less than one dwelling unit per acre unless housing is clustered to preserve open space.”

VARIANCE OF DEVELOPMENT STANDARDS

The grant of the petition would allow for a 65-foot separation between the liquor store and a protected district.

Per Table 743-1: Use Table, a liquor store is an allowed use within the C-4 district. However, an additional use-specific standard in Sec.743-305.V of the Ordinance states that “the use shall not be located within 100 feet, measured in any direction of a protected district.

Sec.740-308.A of the Ordinance notes that “the measurement must be taken from the exterior of the building to the zoning boundary of the protected district except when such establishment is separated from such protected district by an intervening street.

A protected district is defined in the Ordinance as “specific classes of zoning districts that, because of their low intensity or the sensitive land uses permitted by them, require buffering and separation when abutted by certain more intense classifications of land use. A protected district does include any dwelling district, historic preservation district, hospital district, park district, university quarter district, SU-1 (church) district or SU-2 (school district).

The D-7 dwelling district is located to the east of the property. Per the request, the separation would be 65 feet. However, the site plan notes a 69.43-foot separation to the zoning boundary.

(Continued)

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STAFF REPORT 2020-DV2-011 (Continued)

An existing railroad right-of-way measuring approximately 104 feet in width exists between the subject site and the closest D-7 parcel. In addition, the existing wooded area east of the railroad would remain between the residential and proposed liquor store. For this reason, staff would recommend approval of this petition.

GENERAL INFORMATION THOROUGHFARE PLAN Bluff Road is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a primary arterial street with a 94-foot existing right-of-way and a 90-foot proposed right-of-way.

DPW BIKEWAYS/ IndyMoves 2018 proposes Bluff Road for multiuse. GREENWAYS WELLHEAD PROTECTION This site is located within the South W-1 wellhead protection AREA area. SITE PLAN File-dated March 10, 2020. ARBORIST REPORT File-dated April 9, 2020. ARBORIST MAP File-dated April 9, 2020. FINDINGS OF FACT File-dated March 10, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES 2019-ZON-092; 6917 Bluff Road (subject site), Rezoning of 0.9 acre from the C-3 and C-4 districts to the C-4 district, approved. 2017-ADM-182; 6917 Bluff Road (subject site), Approval of a site plan with four more parking spaces and changed building layout. 2015-ZON-106; 6917 Bluff Road (subject site), Rezoning of 0.90 acre from the D-A (W-5) district to the C-3 (W-5) classification to provide for fast-food restaurants, with drive-through lanes, approved. 2007-ZON-845 and 2007-VAR-845; 6901 Bluff Road (subject site included), Rezoning of 3.6 acres from D-A to C-3, and variance of development standards of the CZO to provide for a two-foot rear transitional yard and a drive-through service unit within 20 feet of a protected district, approved.

(Continued)

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STAFF REPORT 2020-DV2-011 (Continued) ZONING HISTORY – VICINITY 2019-ZON-003; 1330 West Southport Road (west of site), Rezoning of 9.41 acres from the D-P (W-5) district to the D-P (W-5) classification to provide for an automobile parts store in addition to the uses approved by previous D-P statements, approved. 2015-DV2-021; 6825 Bluff Road (north of site), Variance of development standards of the Commercial Zoning Ordinance to provide for a drive-through lane within approximately 60 feet of a protected district, and to provide for parking spaces, with a two-way access lane, conflicting with the stacking area of a one-way drive-through lane, granted. 2011-MOD-008; 1345 West Southport Road (southwest of site), Modification of the development statement of 93-Z-17 (93-DP-1), as modified by 95-AP-170 and 2008-ZON-045, to provide for limited live entertainment, including stand-up comedy, karaoke or other accompanied or unaccompanied vocal performance, an acoustic guitar, piano, or other such instrumental performance or similar performance, but not including a full three or more instrument band that includes a three or more-piece drum set. Live entertainment shall be permitted from 6:00 p.m. until midnight on Friday and Saturday nights and on no more than one other day of the week from 7 p.m. until 11 p.m. (live entertainment not permitted by previous petition), approved. 2008-APP-820 and 2008-VAR-820; 6901 Bluff Road (north of site), Requested a modification of the site plan, related to petition 2007-VAR-845, and a variance of development standards of the Commercial Zoning Ordinance (CZO) to provide for a six-foot front yard setback from the proposed right-of-way of Bluff Road, without landscaping; a five-foot south side transitional yard, without landscaping; up to 2,650 square feet of outdoor seating in the ten-foot walk in immediately adjacent to the proposed building; 22 off-street parking spaces with a usable parking area of 162-square feet, approved. 2008-HOV-029; 1150 Alydar Circle (northeast of site) Variance of development standards of the dwelling districts zoning ordinance to provide for a 420-square foot in-ground pool and a 600-square foot surrounding concrete deck, resulting in an accessory use area of 135.22 percent of the total living area of the primary structure (maximum 1,322 square feet or 99.99 percent of the total living area of the primary structure permitted), granted. 2007- APP-116; 1330 West Southport Road (west of site); Approval of modification of development statement associated with 2005-ZON-158 to provide for a sign package, approved. 2007-VAR-845; 6901 Bluff Road (north of site), Variance of development standards of the Commercial Zoning Ordinance and Sign Regulations to provide for a two-foot rear transitional yard (minimum 25-foot rear transitional yard required) and a drive-through service unit within 25 feet of a protected district (minimum 100-foot separation required), granted. 2005-ZON-158; 1330 West Southport Road (west of site), Rezoning of 11.31 acres from the D-P to D-P to provide for a bar/restaurant with eight amusement machines and C-3 uses, approved.

(Continued)

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STAFF REPORT 2020-DV2-011 (Continued) 99-Z-221 / 99-CV-12, 1280 West Southport Road (south of site), Rezoning of one acre from the D-ID and D-A Districts to the C-4 classification to provide for the reuse of an existing building as a restaurant / tavern with carryout liquor and a variance of development standards of the Commercial Zoning Ordinance to provide for carry-out liquor sales being 60 feet from a protected district, approved and granted. 98-Z-160; 1450 West Southport Road (west of site), Rezoning of 24 acres from D-P to D-P to provide for a 200-unit multifamily development and a commercial center including office and retail uses, approved. 93-Z-17; 7800 Bluff Road (west of site), Rezoning of 375 acres from D-A and D-3 to D-P to provide for a commercial and residential mixed-use planned unit development, approved. 87-UV2-52; 6901 Bluff Road (north of site), Variance of Use of the Marion County Master Plan Permanent Zoning Ordinance to legally establish the use of an existing building for a lawn mower and small engine repair shop and for the sale of plant nursery stock, approved. 86-UV1-107; 1280 West Southport Road (south of site), Variance of use to provide for a building addition for the storage and distribution of religious materials, granted. 83-V1-108; 1102 West Southport Road (east of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to allow a minimum setback of ten feet between attached single-family buildings, granted. MI *******

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2020-DV2-011; Location Map

2020-DV2-011; Aerial Map

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2020-DV2-011; Site Plan

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2020-DV2-011; Arborist Report

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2020-DV2-011; Arborist Map

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2020-DV2-011; Photographs

Photo of the Subject Property: 6917 Bluff Road

View of the dwelllings to the east of the subject site.

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View fo the grocery store and pub to the south.

Existing railroad separation between uses.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV2-013 Address: 314 Jefferson Avenue (approximate address) Location: Center Township, Council District #17 Zoning: D-5 Petitioner: Teresa Dominguez, by Mark and Kim Crouch Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the construction of a detached garage accessory to a single-family dwelling with 47% open space (60% open space required).

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

EXISTING ZONING AND LAND USE D-5 Single-family dwelling

SURROUNDING ZONING AND LAND USE North - D-5 Two-family dwelling South - D-5 Two-family dwelling East - D-5 Two-family dwelling West - D-5 Undeveloped

COMPREHENSIVE PLAN The Comprehensive Plan recommends Traditional Neighborhood uses.


Development Standards of the Consolidated Zoning and Subdivision Ordinance, specifically those relating to open space requirements, are intended to maintain a consistent development pattern within residential districts by discouraging the overdevelopment of lots, and the resulting cluttered appearance that would negatively impact adjacent property owners.

According to Assessor’s records and aerial photos, a previous garage built in 1925, existed on the subject site to approximately 2006, with a similar open space reduction.

Staff would note that the proposed development would be similar to the historical development pattern of the vicinity, particularly in regard to lot coverage, therefore, the grant would not impose a significant negative impact upon adjacent properties, and would represent a reasonable deviation from the Ordinance.

(Continued)

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Generally, Staff supports property improvements if their location and characteristics do not negatively impact adjoining residential areas by causing a nuisance to the surrounding neighborhood. Staff believes that this would be true for this particular variance request, and additionally that no public safety or health risks would come from the grant of this variance.

GENERAL INFORMATION THOROUGHFARE PLAN This portion of Jefferson 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 File-dated March 27, 2020.

FINDINGS OF FACT File-dated March 27, 2020. ZONING HISTORY 2019-DV1-050; 401 North Walcott Street (west of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a two-family dwelling with access from Vermont Street, and with a slight encroachment into the clear sight triangle of the abutting alley and street, denied. 98-UV3-9; 1728 East New York Street (west of site), requested a variance of use of the Commercial Zoning Ordinance to provide for the retail storage and sales of sandpaper, and for the conversion of sandpaper into various sizes, shapes, and combinations (not permitted), granted. 97-V2-52; 424 North Randolph Street (west of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the continued use of a privacy fence being 6.5 feet in height along the side property line (maximum height 6 feet permitted), denied. 95-UV3-119; 1178 East New York Street (west of site), requested a variance of use of the Commercial Zoning Ordinance to provide for the storage of tape and plastic material and light assembly associated with an existing industrial facility (not permitted), within an existing building, granted. 93-V3-112; 326 North Randolph Street (west of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a six-foot fence in the required front yard (maximum 42 inches permitted), granted. RU *******

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18


Subject site, looking west.

Rear of subject site, looking east.

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Adjacent property to the south, looking west.

Adjacent property to the north of subject site, looking west.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV2-014 Address: 9191 East 86th Street (approximate address) Location: Lawrence Township, Council District #4 Zoning: D-S Petitioner: Martin Grider, by Mark and Kim Crouch Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the construction of a garage addition to a single-family dwelling with a 30-foot front setback from the 40-foot proposed right-of-way of Sargent Road (40-foot setback from the proposed right-of-way required or the average setback, whichever is greater).

RECOMMENDATIONS

Staff recommends approval of the request.

SUMMARY OF ISSUES

LAND USE

EXISTING ZONING AND LAND USE

D-S Single-family dwellings

SURROUNDING ZONING AND LAND USE

North - D-S Single-family dwellings South - D-S Single-family dwellings East - D-S Single-family dwellings West - D-S Single-family dwellings

COMPREHENSIVE PLAN The Comprehensive Plan recommends rural or estate neighborhood uses for the site.

The proposed garage addition to a single-family dwelling with a 30-foot front setback, would have a similar reduced front yard setback as that of the existing detached shed, which was previously granted a variance for being in front of the established building line (2015-DV2-006B). In addition, the portion of the Sargent Road frontage where the garage is proposed, has a great deal of natural vegetation making it difficult to see the garage.

The subject site is a corner lot with two front setbacks. The portion of the subject site immediately south and to the rear of the existing single-family dwelling is characterized by steep topography, and would be difficult to improve with a structure. As the physical characteristics of the subject site severely limit the location of the proposed accessory structure in compliance with the terms of the Ordinance, a practical difficulty exists, and the requested variance should be approved.

(Continued)

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GENERAL INFORMATION THOROUGHFARE PLAN This portion of East 86th Street is indicated as a primary

collector on the Official Thoroughfare Plan, with an existing 55-foot right-of-way and a 90-foot proposed right-of-way. This portion of Sargent Road is indicated as a primary collector on the Official Thoroughfare Plan, with an existing 60-foot right-of-way and an 80-foot proposed right-of-way.

SITE PLAN

FINDINGS OF FACT

File-dated March 31, 2020

File-dated March 31, 2020 ZONING HISTORY 2017-DV1-008A; 8575 Mud Creek Road (east of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish a six-foot tall wrought iron fence in the front yard, granted. 2017-DV1-008B; 8575 Mud Creek Road (east of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish a fence within the clear sight triangle of the driveways and the abutting streets, granted. 2015-DV2-006A; 9191 East 86th Street (subject site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to legally establish a six-foot tall fence in the front yard of 86th Street and Sargent Road, being within the clear sight triangles of 86th Street and Sargent Road and the site’s driveway and Sargent Road, denied. 2015-DV2-006B; 9191 East 86th Street (subject site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to legally establish a utility shed in front of the established building line of Sargent Road, granted. 2009-DV2-049; 8879 Sargent Road (north of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a 16 by 20-foot detached garage in front of the established building line of a primary dwelling, granted. 2008-DV2-026; 9817 Scotch Pine Lane (northeast of site), variance of development standards of the Dwelling Districts Zoning Ordinance to legally establish: a) a deck with a five-foot west side setback, b) a 240-square foot shed with an seven-foot east side setback, encroaching 0.5 feet in into a platted drainage and utility easement, and with a twelve-foot south side setback, encroaching three feet into a platted drainage and utility easement, c) resulting in an accessory use area of 2,200 square feet or 124.58 percent of the total living area of the primary structure, granted. RU *******

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STAFF REPORT 2020-DV2-014 (Continued) 2020-DV2-014; Location Map

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Subject site, looking south from East 86th Street

Subject site, location of garage addition between dwelling and storage shed, looking south

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Subject site, rear elevation change looking south

Subject site, Sargent Road frontage natural vegetation, looking south.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV2-016 Address: 2222 East 75th Street (approximate address) Location: Washington Township, Council District #2 Zoning: D-S Petitioner: Charles and Elizabeth Coonce, by Cindy Thrasher Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a garage in the front yard of the primary dwelling with a 10-foot east side setback (accessory structures not permitted in the front yard and 15-foot side setback required).

RECOMMENDATIONS Staff recommends approval of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-S Compact Single-family dwelling SURROUNDING ZONING AND LAND USE North D-S Single-family dwelling South D-3 Single-family dwelling East D-S Single-family dwelling West D-S Single-family dwelling COMPREHENSIVE PLAN The Comprehensive Plan recommends suburban neighborhood

development.

The 0.21-acre site is currently developed with a single-family dwelling and detached garage.

The proposed development is typical of the area where detached accessory structures are located near the street and outside of the established front building line. The pattern of development in the north side of this portion of East 75th Street consists of the development of sites to avoid construction in the floodplain of the White River, while at the same time siting the primary dwelling to take advantage of its proximity to the river. Due to this land-related limitation and configuration, a practical difficulty exists from which relief should be granted.

(Continued)

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STAFF REPORT 2020-DV2-016 (Continued) VARIANCE OF DEVELOPMENT STANDARDS

The grant of the petition would allow for a garage in the front yard of the primary dwelling with a ten-foot side setback.

On lots in the D-S dwelling district improved with a single-family detached dwelling, minor residential structures shall not be located closer to any front or side lot line than the required minimum front and side yard setbacks of the dwelling district, or in the case of a front yard, the established front yard setback on the lot, whichever is greater.

The established front yard setback, or established building line of the primary dwelling, of 75th Street is approximately 100 feet. However, an existing detached garage to be demolished has a front setback of 45 feet from 75th Street. The proposed garage would replace the existing structure and would have a 69.5-foot front setback. The garage would meet the required 40-foot front setback and would be consistent with the development in the area.

There are a number of examples along this portion of 75th Street of accessory structures located between the public right-of-way and the front building line.

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.

Per Table 744-201: Dimensional Standards for Districts D-A through D-5II, the D-S district within the Compact Context area requires minimum 15-foot side setbacks and a minimum 175-foot lot width. The proposed garage would have a ten-foot east side setback to run parallel with the existing 10-foot east side setback of the dwelling and a 15-foot west side setback. This site has a varying lot width throughout, making it difficult to meet the required setbacks.

In Staff’s opinion, the request for a ten-foot side setback would be a minor deviation from the Ordinance.

GENERAL INFORMATION THOROUGHFARE PLAN 75th Street is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a local street, with a 45-foot existing right-of-way and a 48-foot proposed right-of-way.

FLOODPLAIN This site is located within the 500-Year Floodplain. OVERLAY The northwest corner of the site is located within an

environmentally sensitive area, specifically the Forest Alliance Woodlands.

SITE PLAN File-dated April 03, 2019.

(Continued)

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STAFF REPORT 2020-DV2-016 (Continued) ELEVATIONS File-dated April 03, 2019. FINDINGS OF FACT File-dated April 03, 2019. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None. ZONING HISTORY – VICINITY 2018-DV1-026; 2170 East 75th Street (west of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a detached garage with a nine-foot side setback (15-foot side setback required) and to provide for and legally establish accessory structures in the front yard of 75th Street (not permitted), granted. 2016-HOV-005; 2260 East 75th Street (southeast of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a two-story single-family dwelling, with a five-foot east side setback and a 10-foot west side setback for an aggregate setback of 15 feet, on a lot with 60 feet of frontage, and an open space of 68%, granted. 2013-UV3-018; 2438 East 75th Street (southeast of site), Variance of use and development standards of the Dwelling Districts Zoning Ordinance to legally establish a two-family dwelling (not permitted) and to provide for an attached garage, with a five-foot setback from the existing right-of-way of Keystone Avenue (40-foot setback from proposed right-of-way require), granted. 2001-DV1-026; 2334 East 75th Street (southeast of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for reduced side yard setbacks and front yard setbacks for accessory use structures, granted. 2001-DV2-030; 2330 East 75th Street (southeast of site), Variance of development standards of the Dwelling Districts Zoning Ordinance and the Flood Control Districts Zoning Ordinances to provide for the construction of a single-family dwelling, with the proposed 2nd story living area being two-feet above the base flood elevation, and to convert the existing dwelling structure to a 23 by 22-foot detached garage with a rear yard setback of six feet for the single-family dwelling, with a side yard setback of ten feet for the single-family dwelling, resulting in a minimum open space of 80 percent of the lot, with the detached garage located in the established front yard, and a six-foot side yard setback, and with the exterior walls of attached non-habitable accessory enclosure with wall openings to meet the federal standard of one square foot for every 144 square feet of enclosed floor area subject to flooding, granted.

(Continued)

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STAFF REPORT 2020-DV2-016 (Continued) 98-V3-51; 2226 East 75th Street (east of site), Variance of development standards of the Dwelling Districts Ordinance to provide for a 16 by 16-foot addition to an existing single-family residence and a 24 by 24-foot attached garage with a minimum floor area of 1,153 square feet (minimum main floor of 1,200 square feet required), a side yard of 3 feet resulting in an aggregate side yard of 18 feet (minimum of 15 feet and 35 feet required), and an open space of 75 % (minimum 85% required), granted. 96-HOV-32; 2346 East 75th Street (southeast of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for an addition with a five-foot side yard setback from the west property line (minimum 15-foot setback required), granted. 96-V3-71; 2326 East 75th Street (southeast of site), Variance of development standards of the Dwelling Districts Zoning Ordinance, to legally establish a 16 by 23.75-foot deck being six feet from the side yard property line and eight feet in height (minimum 15-foot side yard setback required), granted. 91-V1-85; 2240 East 75th Street (east of site), Variance of development standards of the Dwelling District and Flood Control Zoning Ordinance to permit the construction of a single-family residence with 60 feet of public street frontage (75 feet required) and a side yard setback of 5 feet, with an aggregate of 22 feet (15-foot side yard setback, with an aggregate of 35 feet require) all within a floodway, granted. 83-UV3-69; 2340 East 75th Street (southeast of site), Variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for the erection of a 22.2-foot by 30 feet carport attached to the existing garage, three (3) feet from the west property line and located in a floodway, granted. MI

*******

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2020-DV2-016; Elevations

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Photo of the Subject Property: 2222 East 75th Street

View of the existing 10-foot sde setback.

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View of where the breezeway and garage will be located.

Example of a garage located in the front yard just west of the subject site.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV2-017 Address: 753 East McCarty Street (Approximate Address) Location: Center Township, Council District #16 Petitioner: Mark and Kim Crouch Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a 38-foot tall single-family dwelling with a zero-foot front yard, a main floor area of 340 square feet, three-foot side yards and 50% open space (18-foot front yard or average, maximum 35-foot height, 660-square foot main floor area, four-foot side yards and 55% open space).

RECOMMENDATIONS Staff recommends approval of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation:

REQUEST

This request would provide for a proposed single-family dwelling on a lot that is less than 800 square feet in size. Multiple variances are requested, including the dwelling height at 38 feet, a zero-foot front yard setback, three-foot side yard setbacks, 50% open space and a main floor area of 340 square feet. The site is within the Regional Center, which does not require a front yard setback, so the front yard setback request is not necessary.

DEVELOPMENT STANDARDS / SITE

The site is zoned D-8 within a neighborhood that was substantially affected by the development of Interstates 65 and 70 directly to the east in the early 1970s. As a result, lots adjacent to the interstate right-of-way, were divided into small and sometimes oddly-shaped lots, like the subject parcel.

The site is triangular and 787 square feet in size. D-8 does not require a minimum lot size, however, side yard setbacks of four feet and open space of at least 55%, are required. The proposed dwelling would be three feet from both side yard lot lines and cover 50% of the lot. Additionally, due to the constraints of the lot, the dwelling would exceed the maximum height by three feet, to 38 feet and the main floor, which is the ground floor, would be 340 square feet in size. Building elevations were not submitted to the file, however, the structure would be three stories in height.

(Continued)

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Development of this site presents a clear practical difficulty in that the size and configuration of the lot make it very difficult to build a single-family dwelling without relief from the Ordinance standards. Therefore, staff would recommend approval of the 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 for the proposed improvements has not been filed.

GENERAL INFORMATION EXISTING CONTEXT, ZONING AND LAND USE Compact D-8 (RC) Undeveloped SURROUNDING ZONING AND LAND USE North - I-3 (RC) Undeveloped / McCarty Street / Virginia Avenue South - D-8 (RC) Interstates 65 and 70 East - D-8 (RC) Interstates 65 and 70 West - D-8 (RC) Single-family residential COMPREHENSIVE PLAN The site is located within the boundaries of the Regional Center

Plan 2020, which recommends residential development of six to 15 units per acre.

THOROUGHFARE PLAN This portion of McCarty Street is not indicated on The Official

Thoroughfare Plan. SITE PLAN File-dated April 6, 2020 FINDINGS OF FACT File-dated April 6, 2020 ZONING HISTORY 2018-UV3-019; 726 East McCarty Street, requested a variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for primary and secondary residential uses, including but not limited to legally establishing a single-family dwelling, with zero-foot side and rear transitional setbacks and a two-foot front transitional setback and providing for a detached garage with a three-foot side transitional setback, and with a second floor dwelling and exterior staircase with a three-foot side setback, granted.

(Continued)

37

STAFF REPORT 2020-DV2-017 (Continued) 2018-REG-046; 726 East McCarty Street, requested Regional Center Approval for replacement siding on an existing single-family dwelling, approved. 2018-ZON-096; 822 Wright Street, requested a rezoning of 0.20-acre, from the I-3 (RC) district to the D-8 (RC) classification, pending. 2018-DV1-040; 612 and 616 Stevens Street, requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for two single-family dwellings with 2.5-foot front setbacks, three and six feet between dwellings, three-foot side setbacks and 44% open space, granted. 2018-DV3-001; 626 Stevens Street, requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a single-family dwelling, with an eight-foot front setback and a three-foot west side setback, a front porch with a three-foot front setback, and a detached garage, containing a secondary dwelling, with 2.5-foot side setbacks, and creating 46% open space, granted. 2015-UV1-030; 626 Stevens Street, requests a variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for a second dwelling unit on the second floor of a two-car garage, with 2.5-foot side setbacks and a height of 25 feet for the garage, granted. 2013-REG-100; 501 Virginia Avenue, requests Regional Center Approval to provide for a mixed-use development consisting of 68 dwelling units, over 9,000 square feet of commercial retail uses and approximately 102 surface and garage parking spaces, approved. 2013-ZON-067; 501 Virginia Avenue, requests a rezoning of 0.67 acre, from the I-3-U (RC) District, to the CBD-S (RC) classification to provide for a mixed-use development consisting of 68 dwelling units, over 9,000 square feet of commercial retail uses and approximately 102 surface and garage parking spaces, approved. 2012-ZON-081; 633 East McCarty Street, requests a rezoning of 0.65 acre, from the I-3-U (RC) District, to the D-8 (RC) classification to legally establish a residential dwelling, approved. 2011-ZON-068; 531 Virginia Avenue, requests a rezoning to CBD-S to provide for a mixed-use development including residential and commercial office and retail, with an off-street surface parking lot, approved. 2010-ZON-039; 808 South Noble Street, requests a rezoning of 0.10 acre, from the I-3-U (RC) District, to the D-8 (RC) classifications to legally establish residential use, approved. 2008-ZON-008; 713 and 909 South East Street, 705, 709, 713, 725, 812 and 814 Greer Street, 605, 613, 617, 636, 637, 718, 727, 743, 747 and 751 East McCarty Street, 515, 526, 532, 534, 535 and 607 East Merrill Street, 710, 722, 730, 742 and 747 South Noble Street, 521, 612 and 633 Stevens, 812, 815 and 821 Wright Street and 316 South College Avenue , requests a rezoning of 3.326 acres, from the I-3-U (RC) and I-4-U (IHPC) Districts, to the D-8 (RC) and D-8 (IHPC) classifications to legally establish residential uses, approved.

(Continued)

38

STAFF REPORT 2020-DV2-017 (Continued) 2007-ZON-098 / 2007-VAR-007; 819, 825 and 827 South East Street, requests a rezoning of 0.20 acre, from the I-3-U (RC) District, to the C-3C (RC) classification to provide for corridor commercial and residential uses and a Variance of Development Standards of the Commercial Zoning Ordinance to provide for a 0.5-foot rear transitional yard setback, approved. 2007-HOV-032; 917 Greer Street, requests a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a 23-foot tall accessory use structure, granted. 2005-UV3-027; 815 and 821 Wright Street, requests a variance of use of the Industrial Zoning Ordinance to provide for a residential garage, granted. 2004-HOV-009; 815 and 821 Wright Street, requests a variance of use and development standards of the Industrial Zoning Ordinance to legally establish residential uses, granted. 2005-ZON-829 / 2005-VAR-829; 726 Noble Street, requests a rezoning of 0.13 acre from I-3-U (RC) District, to the D-8 (RC classification, and a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a one-foot side yard setback, approved.

2004-UV2-049; 552 East Merrill Street, requests a variance of use and development standards of the Industrial Zoning Ordinance to legally establish residential uses, granted. 2003-UV1-038; 804 Greer Street, requests a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a second-story residential dwelling within an accessory use structure with reduced setbacks, granted. 2005-HOV-022; 615 East McCarty Street, requests a variance of use of the Industrial Zoning Ordinance to provide for a residential garage, granted. 2005-HOV-030; 829 Noble Street, requests a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a seven-foot aggregate side yard setback, granted 2005-HOV-007; 537 East Merrill Street, requests a variance of use of the Industrial Zoning Ordinance to legally establish residential uses, granted. 87-UV1-59; 808 South Noble Street, requests a variance of use of the Industrial Zoning Ordinance to provide for a group home for eight adults, granted. JY *******

39

Aerial and zoning maps of site and surrounding area 2020-DV2-017

40

Site plan 2020-DV2-017

41

Photos of site (top); and adjacent properties west of the site

2020-DV2-017

42

STAFF REPORT


Current Planning Section Case Number: 2020-DV2-018 (Amended) Address: 707 East Morris Street (approximate address) Location: Center Township, Council District #16 Zoning: D-5 Petitioner: Yevgeniy Gorin, by Sarah Walters Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a single-family dwelling and a detached garage with a secondary dwelling with an eleven-foot front setback, eight feet between dwellings and 53% open space on a 34-foot wide, 4,378-square foot lot, and a single-family dwelling and a detached garage with a secondary dwelling with an eleven-foot front setback, nine feet between dwellings and 53% open space on a 34-foot wide, 4,378-square foot lot (25-foot front setback or average, ten feet between dwellings, 50-foot lot width and 5,000-square foot lot area required for a single-family detached, and 60% open space required).

RECOMMENDATIONS Staff recommends approval of the amended request. The petitioner submitted a revised site plan to eliminate the two-family dwelling that was originally proposed. Instead, two single-family dwellings and detached garages with secondary dwellings are now proposed. Additionally, the building footprint was adjusted to increase the open space from 49 percent to 53 percent. Although staff would prefer that the front porches remain part of the proposal to better fit in with the context of the neighborhood, the changes proposed are acceptable to staff. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-5 Compact Vacant SURROUNDING ZONING AND LAND USE North D-5 Single-family dwelling / Two-family dwelling South D-5 Single-family dwellings East D-5 Single-family dwelling West D-5 Single-family dwelling COMPREHENSIVE PLAN The Comprehensive Plan recommends traditional neighborhood

development. (Continued)

43


The 0.20-acre subject site consists of two combined parcels to be reverted to the original two separate parcels with each measuring 0.10 acre. The site is currently undeveloped since the two-family dwelling that previously existed was recently demolished.

The subject site is surrounded by similarly sized parcels as proposed in the request. The immediate area is developed with single-family dwellings and detached garages except for a two-family dwelling directly north.

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.


The grant of this request would allow for the development of a two-family dwelling, single-family dwelling and detached garages with deficient front setbacks, separation between dwellings, lot widths, lot areas, and open space.

Setback and Separation Between Dwellings

Table 744-201-1: Dimensional Standards for Districts D-A through D-5II notes the D-5 district within the Compact Context Area requires a 25-foot front setback or average along primary thoroughfares and minimum ten-foot separation between primary dwellings on abutting lots.

Per the Ordinance, “the minimum required front setback for a site may be reduced to the average setback derived from the established front setback of the nearest lot on each side of the site that is improved on with an existing primary building facing the same street and is within 200 feet of the site.” The request for 11-foot front setbacks would be the average front setback for both abutting lots. Therefore, this request would be in line with the Ordinance.

The request for eight-foot and nine-foot separations between dwellings would be slight deviations to the Ordinance considering that dwellings in the immediate area have much smaller separations between dwellings as depicted in the photographs provided.

Lot Width and Lot Area

Table 744-201-1 of the Consolidated Zoning and Subdivision Ordinance notes the D-5 district requires a minimum lot area of 5,000 square feet and minimum lot width of 50 feet for a single-family dwelling and a minimum lot area of 7,200 square feet and minimum lot width of 70 feet for a two-family dwelling.

According to the original plat for this subdivision, the parcels were proposed to measure 34.38 feet wide and 127 feet in length. For this reason, there is no issue with reverting back to the originally platted lots.

(Continued)

44


If two-single family dwellings were proposed with secondary dwelling units, then staff would be more comfortable with granting deviations from the Ordinance for the two parcels since they would both be deficient in size due to each having a lot area of 4,378-square feet and lot width of 34 feet.

Open Space

Open space is required to provide for a development density that is consistent with the community and to reduce the impact storm water can have on adjacent properties if the land is overdeveloped.

Table 744-201-1: Dimensional Standards for Districts D-A through D-5II notes the D-5 district requires 60 percent open space. The request would reduce the open space requirement to 49 percent.

In order to meet the 60-percent open space, the total building area would be limited to 1,751 square feet for a 4,378-square foot lot. If a minimally sized 484-square foot detached garage were proposed which includes one-foot overhangs, then 1,267 square feet would remain for the building footprint of the dwelling. This would meet the required 900 square foot minimum main floor area of a one-story dwelling and the required 600-square foot main floor area of a dwelling over one story.

Staff determined that any practical difficulty regarding open space for the site is strictly self-imposed since the intent would be to over-develop the lots by providing for a two-family dwelling and a large single-family with detached garages. For these reasons, staff is recommending denial of this request.

The site could continue to be two combined parcels with a lot area of 8,757.92 square feet and lot width of 68.76 feet for a two-family dwelling and detached garage. Since the minimum lot area for a two-family dwelling is 7,200 square feet and the minimum lot width is 70 feet, the existing site would only be slightly shy of the required lot width and would not require the need for variances.

GENERAL INFORMATION THOROUGHFARE PLAN Morris Street is classified in the Official Thoroughfare Plan

for Marion County, Indiana as a primary arterial street, with a 50-foot existing right-of-way and a 56-foot proposed right-of-way.

DPW BIKEWAYS/ IndyMoves PedalIndy 2018 proposes a bike lane along GREENWAYS Morris Street SITE PLAN File-dated April 6, 2020. AMENDED SITE PLAN File-dated May 11, 2020. ORIGINAL PLAT File-dated April 6, 2020. FINDINGS OF FACT File-dated April 6, 2020.

(Continued)

45

STAFF REPORT 2020-DV2-018 (Continued) ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None. ZONING HISTORY – VICINITY 2019-CVR-838; 643, 701, 705, 709, 713, 717 and 721 Prospect Street (north of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for six single-family dwellings, as follows: a) 643 Prospect Street (Lot One); 25-foot street frontage and lot width, an eleven-foot front setback, 4.5 and eight feet between dwellings and a three-foot side setback (30-foot street frontage and lot width, 18-foot front setback or average, 10 feet between dwellings and four-foot side setback required); b) 701 Prospect Street (Lot Two); an eleven-foot front setback and eight feet between dwellings (18-foot front setback or average and 10 feet between dwellings required); c) 705 Prospect Street (Lot Three); an eleven-foot front setback and eight feet between dwellings (18-foot front setback or average and 10 feet between dwellings required); d) 709 Prospect Street (Lot Four); a seven-foot front setback and eight feet between dwellings (18-foot front setback or average and 10 feet between dwellings required); e) 713 Prospect Street (Lot Five); a ten-foot front setback, eight feet between dwellings, and a nine-foot rear setback (18-foot front setback or average, ten feet between dwellings, 15-foot rear setback required); and f) 717-721 Prospect Street (Lot Six); a five-foot front setback, less than 25-foot lot width, within the clear sight triangle of the abutting street and alley (18-foot front setback or average, 15-foot rear setback required and structures not permitted within the clear sight triangle), approved. 2018-DV3-038; 702 Sanders Street (south of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a two-family dwelling on a 4,658 square-foot, 34-foot wide lot (minimum 7,200 square feet, 70-foot wide lot required) with a minimum distance between dwellings of six feet and a 52% open space (minimum 10 feet between dwellings, 60% open space required), approved. 2018-HOV-009; 606 East Morris Street (northwest of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a single-family dwelling, with a 15-foot front setback, with a 4.5 feet between primary dwellings, and creating an open space of 56% (18-foot front setback, 10 feet between dwellings, and 60% open space required), granted. 2017-HOV-063; 621 Sanders Street (southwest of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the reconstruction of a single-family dwelling on the existing footprint, with a fifteen-foot front setback and 6.5 feet between dwellings (18-foot front setbacks and 10 feet between primary structures required), granted.

(Continued)

46

STAFF REPORT 2020-DV2-018 (Continued) 2015-HOV-027; 601 Sanders Street (southwest of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a detached garage, with a zero-foot west side yard (minimum four-foot side yard required), granted. 2011-HOV-026; 610 Sanders Street (southwest of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a 576-square foot garage, creating an open space of 59.7% (65% open space required), granted. 97-NC-47; 521 East Morris Street (northwest of site), Certificate of Legal Non-Conforming Uses as the conversion of, and use of, a single-family dwelling as a five-unit dwelling, located in a D-5 (Dwelling District Five) zoning classification, (only a single-family or an originally contracted two-family dwelling permitted by the current Dwelling Districts Zoning Ordinance of Marion County, Indiana, 89-AO-2, as amended), issued. 95-UV1-83; 717 East Morris Street (east of site), Variance of use and development standards of the Dwelling Districts Zoning Ordinance to legally establish 3 multi-family units in an existing building (not permitted) with a side yard setback of 1 foot for a stairway to the second level (minimum 4 feet setback required), granted. 95-UV2-97; 715 East Morris Street (east of site), Variance of use of the Dwelling Districts Zoning Ordinance to legally establish a 3-unit apartment building (not permitted) with the floor area of the units being 538, 471, and 615 square feet (minimum floor area of 900 square feet required) with 3 parking spaces provided (minimum 2 parking spaces per unit required), granted. 87-UV3-85; 613 Sanders Street (southwest of site), Variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a garage for a double-family residence with minimum side yards of six feet (four and ten feet required, respectively), granted. MI

*******

47



2020-DV2-018; Sanborn (1898)

48

2020-DV2-018; Amended Site Plan

49


50

2020-DV2-018; Original Plat

51


Photo of the Subject Property: 707 East Morris Street

Google image of the subject site in August of 2019.

52

Single-family dwelling to the east of the subject site.

Single-family dwelling to the west of the subject site.

53

Photo of the two-family dwelling located north of the subject site.

Example of existing separation between dwellings in the area.

54

STAFF REPORT


Current Planning Section Case Number: 2020-DV2-019 Address: 236 West 35th Street (approximate address) Location: Center Township, Council District #7 Zoning: D-5 Petitioner: 236 West 35th St Land Trust, by Sharmin Ray Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the construction of a carport with a zero-foot west side yard and a zero-foot north rear yard, accessory to a single-family dwelling with 42% open space (three-foot side, five-foot rear and 60% open space required).

RECOMMENDATIONS Staff recommends approval of this petition. SUMMARY OF ISSUES LAND USE EXISTING ZONING AND LAND USE D-5 Single-family dwelling


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

COMPREHENSIVE PLAN The Comprehensive Plan recommends Traditional neighborhood uses for the site.


The typical development of this area, consists of single-family and two-family dwellings with detached garages, with some dwellings on smaller lots.

The D-5 dwelling district requires a minimum lot size of 5,000 square feet, while the subject site is 3,200 square feet. There is a practical difficulty in meeting the minimum required setback requirements due to the non-conforming size of the lot. A reduced side setback and rear setback for a detached accessory structure would, therefore, be supportable.

(Continued)

55


The zero-foot west side setback and zero-foot north side rear setback for the car port would have minimal impact, because of the structure’s separation from other structures and the open nature of the structure allows for adequate maintenance. In Staff’s opinion, the request would represent a minor and acceptable deviation of the Ordinance standards.

GENERAL INFORMATION

THOROUGHFARE PLAN This portion of West 35th Street is indicated on the Official Thoroughfare Plan as a local street with a 25-foot existing and proposed half right-of-way.

SITE PLAN

FINDINGS OF FACT

File-dated April 16, 2020

File-dated April 16, 2020 ZONING HISTORY 2019-HOV-025; 3313-3315 Graceland Avenue (south of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a detached garage with 55% open space, granted. 2016-SE1-003; 3559 North Capitol Avenue (north of site), requested a special exception of the Consolidated Zoning and Subdivision Ordinance to provide for a religious use, granted. 2015-HOV-017; 3250 N. Capitol Avenue (south of site), requested a variance of development standards of the Dwelling Districts Ordinance to provide for a single-family dwelling with 10-foot and 12.75-foot front setbacks from Graceland Avenue and 33rd Street, respectively, granted. 2004-HOV-057; 117 West 36th Street (northeast of site), requested a variance of development standards of the Dwelling Districts Ordinance to legally establish a single-family dwelling with a zero-foot rear yard setback, with a 3.5-foot west side yard setback and a three-foot east side yard setback and with 1.33 front yard setback, granted. 2004-DV3-034; 145 West 35th Street (southeast of site), requested a variance of Development Standards of the Dwelling Districts Zoning Ordinance to legally establish a two-story, 2,338.40-square foot two-family dwelling, with a 250-square foot front porch, with a 2.50-foot front yard setback from the existing right-of-way of West 35th Street, with a lot area of 3,120 square feet, with a lot width of 52 feet and 60 feet, and without each dwelling unit oriented to a different street, granted. RU *******

56

STAFF REPORT 2020-DV2-019 (Continued) 2020-DV2-019; Location Map

57


58


Subject site looking north.

Existing single-family dwelling with one-foot east side setback, looking south

59

Proposed carport building site with one-foot east side setback, looking north

Existing shed with two-foot south side setback, looking west

60

STAFF REPORT

Department of Metropolitan Development

Division of Planning

Current Planning Section

Case Number: 2020-UV2-004 Address: 6300 Gray Road Location: Perry Township, Council District #24 Zoning: D-A Petitioner: Diamond Communications LLC, by Matthew M. Price Request: Variance of use and development standards of the

Consolidated Zoning and Subdivision Ordinance to provide for a wireless communications facility (not permitted) with a 140-foot tower with a five-foot lightening rod with a twenty-foot rear setback (75-foot rear setback).

RECOMMENDATIONS

Staff recommends approval 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 Undeveloped

SURROUNDING ZONING AND LAND USE North D-4 Residential (Single-Family) South D-3 & SU-1 Residential (Single-Family) and Church East D-3 Residential (Single-Family) West D-A Residential (Single-Family)

COMPREHENSIVE PLAN The Marion County Land Use Plan (2019) recommends Suburban Neighborhood

This site is an undeveloped lot with existing overhead power lines. It is adjacent to a residential subdivision to the north and east, a church and retention pond to the south and I-65 to the west. A residential area is west of the interstate.

This property is zoned D-A. The D-A district is intended for agricultural uses including farming and cultivating crops, and accompanying accessory uses. Single-family dwellings are permitted, with or without agricultural uses. A secondary provision of this district is to provide for large estate development of single-family dwellings.

VARIANCE OF USE AND DEVELOPMENT STANDARDS FINDINGS OF FACT

This request would provide for a monopole tower wireless communication facility in a D-A district. Wall or roof-mounted wireless communication facilities are permitted in D-A, but monopole towers are not permitted.

(Continued)

61

STAFF REPORT 2020-UV2-004 (Continued)

This request would permit a twenty-foot rear setback where a seventy-five-foot rear setback is required.

The applicant has chosen this site for the monopole to enhance the wireless signal coverage to the surrounding area and to minimize the visual impact to the surrounding residences, by locating within a transmission line easement with 150-foot tall lattice towers. Staff is not opposed to a reduced rear setback because it would not impact the adjacent interstate to the west, which is bordered by a transmission tower on its west boundary.

Staff would like to note that the applicant has expressed difficulty in collocating wireless communication equipment on the existing towers for the overhead power lines, due to leasing and maintenance scheduling issues. Staff is not opposed to allowing the monopole tower where collocating is not possible.

GENERAL INFORMATION

THOROUGHFARE PLAN Gray Road is classified in the Official Thoroughfare Plan for Marion County, Indiana as a Primary Collector with a 60-foot existing right-of-way and an 80-foot proposed right-of-way.

I-65 is classified in the Official Thoroughfare Plan for Marion County, Indiana as a Freeway/Expressway with a 260-foot existing right-of-way.

SITE PLAN File-dated March 27, 2020

FINDINGS OF FACT File-dated March 27, 2020

PLAN OF OPERATION File-dated March 27, 2020

ZONING HISTORY – SITE

PREVIOUS CASES: None

ZONING HISTORY – VICINITY

99-V2-24, 4201 Fairhope Drive, variance to provide for a 24-foot by 30-foot attached garage

addition, with a front setback for 16 feet from Gray Road, approved.

85-HOV-67, 3810 Busy Bee Lane, variance to provide for construction of a single-family residence

on a property with 50 feet of street frontage, approved.

87-Z-101, 6400 South Gray Road, rezoning from the A-2 district to the D-3 district, approved.

85-Z-122, 6360 South Gray Road, rezoning from the A-2 district to the D-7 district, approved.

85-Z-57, 6320 South Gray Road, rezoning from the A-2 district to the SU-1 district, approved.

94-Z-79, 6130 Gray Road, rezoning from the A-2 district to the D-4 district, approved.

88-P-55, Plat of Perry Pines Subdivision, approved.

94-P-101, Plat of Gray Arbor Subdivision, approved.

AR *******

62

2020-UV2-004; Location Map

2020-UV2-004; Site Plan

63

2020-UV2-004; Elevation

64

2020-UV2-004; Photographs

Subject site, facing west

Site front yard and adjacent church parking lot, facing northeast

Front yard, facing east

65

North of site

North of site, facing northwest

South of site, facing west

66

Site frontage on Gray Road, facing northeast

Gray road south of site, facing south

East of site

67

STAFF REPORT


Current Planning Section Case Number: 2019-DV2-035 Address: 2222 Bluff Road and 357 West Raymond Street (approximate address) Location: Center Township, Council District #16 Zoning: I-3 Petitioner: Safeway Realty LLC, by David Kingen and Justin Kingen Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a gravel lot (not permitted) and a 10-foot south transitional yard (40-foot transitional yard required).

ADDENDUM FOR MAY 19, 2020 The Metropolitan Board of Zoning Appeals, at its regular meeting on April 14, 2020, continued petition 2020-DV2-035 to the May 19, 2020 hearing, without additional notice. No new information has been submitted to the file. ADDENDUM FOR APRIL 14, 2020 This petition was continued from the March 10, 2020 hearing to the April 14, 2020 hearing at the request of the petitioner. No new information has been submitted to the file. ADDENDUM FOR MARCH 10, 2020 This petition was continued from the January 14, 2020 hearing to the March 10, 2020 hearing at the request of the petitioner. No new information has been submitted to the file. ADDENDUM FOR JANUARY 14, 2020 This petition was continued from the December 10, 2019 hearing to the January 14, 2020 hearing at the request of the petitioner. No new information has been submitted to the file. December 10, 2019 RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES LAND USE EXISTING ZONING AND LAND USE

I-3 Truck terminal

(Continued)

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STAFF REPORT 2019-DV2-035 (Continued) SURROUNDING ZONING AND LAND USE

North - I-3 Industrial liquids company South - D-5 / C-1 Cemetery East - I-2 Commercial Landscaping Company West - I-3 Industrial fabrication

COMPREHENSIVE PLAN The Comprehensive Plan recommends light industrial uses for the

subject site.

This 4.23-acre site, was recently re-zoned to the I-3 District (2017-CZN-836). VARIANCE OF DEVELOPMENT STANDARDS

This request would provide for a gravel lot, currently used in connection with a truck terminal facility. The Consolidated Zoning and Subdivision Ordinance requires the paving and striping of parking areas in industrially-zoned districts.

Significant concerns arise regarding the proposed gravel surface treatment, specifically: the inevitable dust and air quality impact upon the surrounding properties; erosion control and run-off associated with exposed gravel and soil; negative aesthetic impacts; and, the inefficient use of space due to lack of striping. Furthermore, loose stones can enter the public right-of-way and become a hazard for passing vehicles and accelerate the deterioration of public funded street surfaces.

The grant of this variance would allow future users of the site to operate on the gravel portion in a more intense manner than proposed by this request. Moreover, the precedent set by the grant of this variance could provide for other requests for commercial gravel parking lots to locate incrementally within this area.

The petitioner’s findings of fact indicate that the immediate area has other users with gravel parking areas. Aerial photos indicate the adjacent user to the north in the I-3 District, and the adjacent user to the east, in the I-2 District have paved parking and maneuvering areas.

This request would also provide for a 10-foot south transitional yard, where a 40-foot transitional yard is required.

The petitioner’s findings of fact also indicate that the immediate area has other users with reduced transitional yards, and the Comprehensive Plan recommends Industrial use for the protected district to the south.

Although the property to the south is zoned D-5, it is comprised of two parcels, with both parcels being owned by cemetery associations. The use as a cemetery has been established long-term, first showing up in the 1950 aerial photos and predating the current Ordinance.

(Continued)

69


The petitioner’s findings of fact are incorrect, in that the current Comprehensive plan recommends Regional Special Use for the site to the south.

The need for a gravel parking lot with a 10-foot transitional yard setback is a self-imposed hardship due to the planned use and development of the site and not a result of the Ordinance requirements. 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-3 and could be used by any number of uses permitted, by right, in the I-3 zoning classification. Any practical difficulty is self-imposed by the desire to use the site as a gravel parking lot with a reduced 10-foot transitional yard setback.

This site was recently rezoned to I-3 in 2017 (2017-CZN-836 / 2017-CVR-836). Staff believes that the use of the newly re-zoned lot should adequately align with modern development standards in order to better preserve the intent of each development standard.

In Staff’s opinion, the request to provide for a gravel lot and a 10-foot south transitional yard would represent a significant deviation from the Ordinance, and provide for increased intensity and negatively impact adjacent properties.

FLOODWAY FRINGE

This site has a secondary zoning classification of a Floodway Fringe (FF), which is the portion of the regulatory floodplain that is not required to convey the 500-year frequency flood peak discharge and lies outside of the floodway.

The designation of the FF District is to guide development in areas subject to potential flood damage, but outside the Floodway (FW) District. All uses permitted in the primary zoning district are permitted, subject to certain development standards of the Flood Control Districts Zoning Ordinance.

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

Plan for Marion County, Indiana as a local street, with a 25-foot existing half right-of-way and a 29-foot proposed half right-of-way.

CONTEXT AREA This site is located in the compact context area

FLOODWAY / FLOODWAY FRINGE

This site is located within the floodway fringe of White River.

SITE PLAN File-dated October 7, 2019.

FINDINGS OF FACT File-dated October 7, 2019.

(Continued)

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STAFF REPORT 2019-DV2-035 (Continued) ZONING HISTORY 2017-CZN-836 / 2017-CVR-836; 2222 Bluff Road (subject site), requested the rezoning of 4.23 acres from the I-3 (FF), C-1 (FF) and D-5 (FF) districts to the I-3 (FF) classification, and a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish a building, with a zero-foot setback along Raymond Street and 27-foot setback along Bluff Road, and a zero-foot side yard, approved and granted. 2005-APP-830 / 2005-VAR-830; 111 West Raymond Street (east of site), requested modification of commitments related to petition 94-Z-87 to eliminate Commitment #2 that prohibited outside operations, and modify Commitment #4 to provide for landscape buffering along the southern property boundary where a privacy fence had been required and a variance of development standards of the Industrial Zoning Ordinance or for excessive outside storage within 20 feet of a protected district, approved and granted. 90-V1-123; 2341 South West Street (south of site), requested a variance of development standards of the Industrial Zoning Ordinance to permit and addition to an existing building with parking located within the required front yard, granted. 85-UV2-66;208 West Raymond Street (north of site), requested a variance of use and development standards of the commercial zoning Ordinance to provide for the outdoor display and sale of vehicles without the required yards, granted. RU *******

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Subject site, looking west.

Subject site with proposed 10-foot south transitional yard, looking west.

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Subject site gravel entrance, looking north along Bluff Road.

Adjacent Commercial landscaper located to the east of the site.

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Adjacent Industrial fluids use located to the north of the site.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV2-008 (Amended) Address: 6750 East 82nd Street (approximate address) Location: Washington Township, Council District #3 Zoning: C-4 Petitioner: ARC CAFEUSA 001 LLC, by Elliot Smith Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for an oil change facility with a zero-foot front setback from the proposed right-of-way of 82nd Street, encroaching four feet into the front setback of Cresco Street, parking with a zero-foot front setback from the proposed right-of-way of Castleton Road, stacking spaces located in the front yard and a trash container within the clear sight triangle of abutting streets and within the front yard and zero feet from the proposed right-of-way of Cresco Street and four feet from the proposed right-of-way of Castleton Road (stacking spaces not permitted in the front yard that is along a public right-of-way that exceeds 30 feet in width, trash containers not permitted in the front yard or within the clear sight triangle and 10-foot setback from the proposed right-of-way required).

ADDENDUM FOR MAY 19, 2020 This petition was continued from the April 14, 2020 hearing to the May 19, 2020 hearing with additional notice. The request was amended to include the stacking spaces located in the front yard and to correct the dumpster location from the proposed right-of-way of Castleton Road from five feet to four feet. Since the stacking spaces in the front yard of Bash Street are simply to allow the customers to leave the site instead of waiting for additional services, staff does not find the location of the stacking spaces to be an issue. The reduced front yard setback was due to a measurement error from the petitioner. The location of the existing dumpster would remain the same. A final site plan was submitted on March 25, 2020, which moved the building five feet north to be out of the proposed right-of-way of 82nd Street, removed parking from within the proposed right-of-way of 82nd Street by providing a shared vehicle space, added a sidewalk along Bash Street, and agreed to the dedication of an additional two feet to the existing 82nd Street right-of-way. Staff continues to recommend approval of this petition.

(Continued)

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STAFF REPORT 2020-DV2-008 (Continued) April 14, 2020 RECOMMENDATIONS Staff recommends approval of this request with the following commitments:

1. The building shall be moved five feet north to be out of the proposed right-of-way of 82nd Street.

2. The parking spaces shall be removed from within the proposed right-of-way of 82nd Street by using the parking reductions.

3. A sidewalk shall be developed along Bash Street. 4. The petition agrees to the dedication of an additional two feet to the existing 82nd Street right-

of-way (1 for widening the sidewalk and 1 for maintenance). SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE C-4 Metro VACANT RESTARUANT SURROUNDING ZONING AND LAND USE North C-4 Pet Hotel South C-4 Gas Station East C-4 Auto Related Services West C-4 Machine Shop COMPREHENSIVE PLAN The Comprehensive Plan recommends community commercial

development. CASTLETON STRATEGIC This site is located within the boundaries of the Castleton Strategic REVITALIZATION PLAN Revitalization Plan (2020).

The 0.58-acre site is developed with a vacant restaurant and drive-thru amenities and is surrounded by commercial development.

The purpose of the Community Commercial typology provides for low-intensity commercial and office uses that serve nearby neighborhoods. These uses are usually in freestanding buildings or small, integrated centers. Examples include small-scale shops, personal services, professional and business services, grocery stores, drug stores, restaurants, and public gathering spaces.

(Continued)

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STAFF REPORT 2020-DV2-008 (Continued) CASTLETON STRATEGIC REVITALIZATION PLAN

82nd Street as the main corridor through Castleton is envisioned to become a complete street, which would encompass “wider sidewalks with buffers, and on the north side a broad promenade with accommodations for bicyclists and pedestrians as well as gathering spaces, lighting, street trees, and curbed edges”. The goal would be to transform Castleton from an automobile oriented environment into one that supports multi-modal transportation, specifically along the north side of 82nd Street to connect various villages/ projects proposed in the plan. One item to consider would be the consolidation of cuts/driveways along 82nd street.

The Plan sections 82nd Street east of Allisonville Road into condition categories starting from one to six as noted in Exhibit A. Condition 3 falls between the proposed Nickel Plate Trail and Bash Street. Exhibit B represents a visual for the catalytic infrastructure that could be proposed east of Allisonville Road along 82nd Street.

The theme of 82nd Street as a Place which was derived by the community includes the following: o Introduce corridor-branded signage and lighting o Enhance entrances o Enhance landscape along 82nd Street and in medians o Relieve traffic congestion and simplify access o Activate frontage with buildings rather than parking o Develop a strong adopt-a-median program o Commit to a well-maintained streetscape environment


The grant of the request would allow for deficient front setbacks and a trash container to be in the front yard and within the clear sight triangle of two streets.

Table 744-201-3: Dimensional standards for Districts C-1, C-3, C-4, C-5, C-7, and C-S notes the front setback for a C-4 district within the Metro Context area is 10 feet from the proposed right-of-way or existing right-of-way, whichever is greater.

In the case of 82nd Street, the proposed 134-foot right-of-way would be greater than the existing 91-foot right-of-way. The request would allow the building to be five feet within the proposed right-of-way and the parking spaces to be within 29 feet of the proposed right-of-way.

Staff would request that the building be moved five feet north to eliminate the encroachment into the proposed right-of-way. Staff would also request the use of parking reductions to reduce the number of parking spaces to two or three spaces outside of the proposed right-of-way of 82nd Street.

For Castleton Road, the proposed 50-foot right-of-way would be greater than the existing 15-foot right-of-way. The proposed parking spaces would be within the 10-foot front setback of the proposed right-of-way and the dumpster would be located five feet from the proposed right-of-way.

(Continued)

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For Cresco Street, the proposed 50-foot right-of-way would be greater than the exiting 30-foot right-of-way. The request would allow the dumpster to be located zero feet from the proposed right-of-way.

In general, staff would support reduced front setbacks along the western, northern, and eastern property lines as long as the 82nd Street proposed right-of-way is maintained. The proposed right-of-way of 82nd Street is vital to the implementation of the Castleton Strategic Revitalization Plan.

Lastly, the request would allow for the dumpster to be located within the clear sight triangle of the abutting streets and in the front yard. Since the dumpster would remain in its existing location, staff would support these requests.

This petition was initially submitted as an inquiry and staff recommended approval so long as a sidewalk is installed along Bash Street and a two-foot dedication of the existing 82nd Street right-of-way is granted. One foot would be for the widening of the sidewalk and the other would be for maintenance purposes.

GENERAL INFORMATION THOROUGHFARE PLAN East 82nd Street is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a primary arterial street, with a 91-foot existing right-of-way and a 134-foot proposed right-of-way.

Bash Street is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a primary collector street, with a 79-foot existing right-of-way and a 80-foot proposed right-of-way.

Castleton Road is classified in the Official Thoroughfare Plan

for Marion County, Indiana as a local street, with a 15-foot existing right-of-way and a 50-foot proposed right-of-way.

Cresco Street is classified in the Official Thoroughfare Plan

for Marion County, Indiana as a local street, with a 30-foot existing right-of-way and a 50-foot proposed right-of-way.

SITE PLAN File-dated March 09, 2020. AMENDED SITE PLAN File-dated March 27, 2020. FINAL SITE PLAN File-dated April 17, 2020.

(Continued)

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STAFF REPORT 2020-DV2-008 (Continued) EXHIBIT A File-dated March 31, 2020 EXHIBIT B File-dated March 31, 2020 FINDINGS OF FACT File-dated March 09, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES 91-V3-61; 6742 East 82nd Street (subject site), Variance of development standards of the Sign Regulations to permit pricing panels on the principle identification sign; to allow canopy signs 55 feet from the center line of 82nd Street; and to allow pump island sign in excess of the permitted 12 square feet, granted. ZONING HISTORY – VICINITY 2016-DV3-010; 6807 East 82nd Street (southeast of site), Variance of development standards of the Sign Regulations to provide for a four-foot tall ground sign within 183 feet of an existing integrated center sign (300 feet of separation required), denied. 2015-ADM-062; 6741 East 82nd Street (south of site), Approval of a landscape plan for a gas station rebuild. 2014-DV3-065; 6741 East 82nd Street (south of site), Variance of development standards of the Commercial Zoning Ordinance and the Sign Regulations to provide for the redevelopment of a convenience store gasoline station with a free-standing sign, with a five-foot front setback along Bash Street (15-foot front setback required), with a trash container enclosure within the established front yard of Bash Street (not permitted), and with 46.5-square foot canopy signs being 42% of the canopy façade (maximum 25% permitted), granted. 2005-VAC-011; 8170 Castleton Road (southwest of site), Vacation of a portion of first east-west alley south of East 82nd Street, being of variable width, from a point on the west line of Castleton Road, being the southeastern corner of Lot Number Nine in the Town of Castleton as recorded in Platt Book One, Page 94, in the Marion County Recorder’s Office to a point 201.3 feet to the west on the south line of Lot Number Eight in the Town of Castleton as recorded in Plat Book One, Page 94, in the Marion County Recorder’s Office, thence south 27 degrees, 30 minutes west 23.53 feet, thence east 212.23 feet to a point on the west line of Castleton Road thence north 20 feet to the point of beginning, adopted.

(Continued)

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STAFF REPORT 2020-DV2-008 (Continued) 99-V1-7; 6725 East 82nd Street (southwest of site), Variance of development standards of the Sign Regulations to provide for the placement of an advertising sign, being 14 by 48 feet in size; located 270 feet from the nearest advertising sign to the west and 510 feet from the nearest advertising sign to the east; with an Electronic Variable Message Center located approximately 100 feet from a signalized intersection; and, with a combined vertical height of the sing face and the Electronic Variable Massage Center of 16 feet 11 inches, granted. 99-UV1-148; 6816 East 82nd Street (east of site), Variance of use of the Commercial Zoning Ordinance to provide for outdoor display and sale of automobiles (not permitted), withdrawn. 96-HOV-11; 6735 East 82nd Street (south of site), Variance of development standards of the Sign Regulations to provide for the installment of an illuminated awning with a sign on the north side of the building, being 38% or 261 square feet of the façade; an illuminated awning on the west side of the building, being 37% or 227 square feet of the façade; and an illuminated awning with a sign on the rear of the building being 38% or 261 square feet of the façade, granted. 91-HOV-12; 6803 East 82nd Street (southeast of site), Variance of development standards of the Commercial Zoning Ordinance and the Sign Regulations to permit the development of a retail center with a parking ratio of one space per 214 square feet of gross floor area, with a six-foot wide landscape strip along East 82nd Street; and a free-standing sign with pole covers less than 15 feet from the right-of-way of East 82nd Street, granted. 87-AP-150; 6741 East 82nd Street (south of site), Modification of commitments to eliminate #4 and #5 in 84-V1-83 made September 14, 1987, and recorded as Instrument #84-0072296, which would permit a pole sign 40 feet in height with a double sign face that is 10 feet wide and 21 feet high, withdrawn. 87-V1-103; 6741 East 82nd Street (south of site), Variance of development standards of Sign Regulations to permit an addition to the top of an existing pole sign for a total sign face of 310 square feet, withdrawn. 84-V1-83; 6741 East 82nd Street (south of site), Variance of development standards to provide for the erection of a pole sign within the required fifteen-foot setback, granted. 80-Z-103; Town of Castleton (west and north of site), Rezoning of various D-5 district parcels located in the Town of Castleton, Marion County, Indiana to the C-4 classification, approved. MI

*******

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83


84


85

2020-DV2-008; Final Site Plan

86

2020-DV2-008; Exhibit A

2020-DV2-008; Exhibit B

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Photo of the Subject Property: 6750 East 82nd Street

Exisitng sidewalk along East 82nd Street.

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North view of Castleton Road located west of the subject site.

West view of Cresco Street located north of the subject site.

Eastern boundary of the subjet site looking south on Bash

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STAFF REPORT



Case Number: 2020-DV2-010 Address: 1042 South Tremont Street (approximate address) Location: Wayne Township, Council District #16 Zoning: D-5 Petitioner: Susan and Randall Hughett, by Cindy Thrasher Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a detached garage with a two-foot south side setback on a through lot and to legally establish a two-foot north side setback for the existing single-family dwelling (three-foot side setback required).

ADDENDUM FOR MAY 19, 2020

This petition was continued from the April 14, 2020 hearing to the May 19, 2020 hearing. No additional information has been added to the file.

April 14, 2020 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-5 Compact Residential (Single-Family)


North D-5 Residential (Single-Family) South D-5 Residential (Single-Family) East D-5 Residential (Single-Family) West D-5 Residential (Single-Family) COMPREHENSIVE PLAN The Marion County Land Use Plan (2019) recommends Traditional

Neighborhood Uses. REDEVELOPMENT AREA

This site is a through lot of 8,000 square feet within Jameson’s Fourth Belmont Addition. The lots on this block of Tremont Street are unique; most other lots in this area are a traditional grid layout with smaller lots and alley access, while this area has through lots oriented east to west, and lots oriented north to south at the intersections. The existing structures are a one-story single-family dwelling, and a one-story detached garage, which is to be demolished.

(Continued)

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This property is zoned D-5. The D-5 district is intended for medium density residential development and is not intended for suburban use. The D-5 district has a typical density of 4.5 units per acre.

VARIANCE OF DEVELOPMENT STANDARDS FINDINGS OF FACT

This request would provide for a detached garage with a two-foot south side setback and legalize the existing dwelling with a two-foot north side setback.

Staff would not be opposed to legally establishing the existing dwelling’s two-foot side setback because the house was originally constructed with a two-foot side setback prior to April 1969. By ordinance, the dwelling would be considered eligible for a certificate of legally established non-conforming use for dimensional standards; therefore, staff would not oppose establishing the setback by variance.

Staff would like to note, per ordinance, a legally established, detached, accessory garage serving and located on the same lot as a single-family attached dwelling, single-family detached dwelling, or two-family dwelling and not located in any flood control zoning district may be reconstructed on an existing foundation, even though such reconstruction would not comply with required side or rear yards.

Staff would like to note, per ordinance, an accessory building may be enlarged or extended along a legally established non-conforming side or rear yard provided that the linear footage of such enlargement or extension does not exceed 50% of the linear footage of the accessory building along that side or rear yard setback line; and is a one-time only expansion along the legally established setback line; and such enlargement or extension shall not encroach into any required yard other than the existing non-conforming side or rear yard along which the enlargement or extension is occurring.

The D-5 district in the compact area has a required setback of three feet. The proposed setback is two feet. The proposed garage is twenty feet wide and the lot is forty feet wide. There is no practical difficulty preventing the increase of the proposed setback to three feet. Staff would not support a variance that does not have a practical difficulty.

GENERAL INFORMATION

THOROUGHFARE PLAN Tremont Street is classified in the Official Thoroughfare Plan for Marion County, Indiana as a Local Street with a 60-foot existing and proposed right-of-way.

Mount Street is classified in the Official Thoroughfare Plan for Marion County, Indiana as a Local Street with a 48-foot existing and proposed right-of-way.

SITE PLAN File-dated March 16, 2020

FINDINGS OF FACT File-dated March 16, 2020

ZONING HISTORY – SITE

PREVIOUS CASES: NONE (Continued)

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2001-DV3-040, 1016 South Pershing Avenue, variance to legally establish a 732-square foot single-family dwelling with a two-foot rear yard setback, and an eight by eight-foot mini barn with a 24.5-foot front yard setback, within the established front yard of South Pershing Avenue; and to provide for installation of an 18-foot diameter, above ground swimming pool within the established front yard of South Pershing Avenue, in a D-5 district, approved.

2005-PLT-005, 2435 West Wilkins Street, plat of WIDC Wilkins Street New Addition, approved.

2006-ZON-848, 2465 West Wilkins Street, rezoning from the C-S district to the D-5 district, approved with commitments.

78-UV2-69, 1101 South Tremont Street, variance of use to provide for the continued use of an existing garage for storage of two church buses in a dwelling district, approved for a period of five years.

83-UV3-88, 1101 South Tremont Street, variance of use to provide for the continued use of an existing garage for storage of two church buses in a dwelling district. A temporary variance of five years had expired (78-UV2-69), approved with conditions.

89-V1-7, 1034 South Tremont Street, variance to provide for construction of a garage exceeding the maximum height and an accessory space with greater square footage than the primary dwelling, approved with conditions.

91-V2-25, 1026 South Belleview Place, variance to permit construction of a carport with a one-foot side yard setback and a one-foot aggregate side yard setback in the D-5 district, approved.

91-Z-173, 2530 West Morris Street, rezoning from the C-4 and D-5 district to the C-S district, approved.

94-V2-61, 1101 South Pershing Avenue, variance to legally establish a detached garage with a 5.2-foot setback from Wilkins Street, with a 3.5-foot side setback, and a 51 percent open space in D-5, approved.

95-Z-19, 2530 West Morris Street, rezoning from the C-S district to the D-5 district, approved.

97-Z-158, 2450 West Morris Street, rezoning from the D-5 and C-7 district to the C-S district, approved.

AR *******

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93


2020-DV2-010; Elevations

94


1042 South Tremont Street, view of south side yard, facing west

Subject site north side yard

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Tremont Street, facing southwest

Tremont Street, facing northwest

Tremont Street, facing east

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Subject site, rear yard, facing east. Viewed from Mount Street.

Subject site, side yard south, facing east

Mount Street, facing west

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STAFF REPORT


Current Planning Section Case Number: 2020-DV2-012 Address: 6740 South Franklin Road (approximate address) Location: Franklin Township, Council District #25 Zoning: C-3 Petitioner: DRGSF Surplus LLC, by Russell L. Brown Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a 139-foot setback and a double-loaded and single-loaded row of parking along Southport Road (maximum 85-foot front setback and one double-loaded row permitted).

ADDENDUM FOR MAY 19, 2020 This petition was continued from the April 14, 2020 hearing to the May 19, 2020 hearing. No additional information has been added to the file. April 14, 2020 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-3 Metro Undeveloped SURROUNDING ZONING AND LAND USE North C-S Undeveloped South D-P Single-family dwellings East C-4 Grocery store / Gas station West D-A Single-family dwelling COMPREHENSIVSE PLAN The Comprehensive Plan recommends office commercial

development.

The 1.92-acre site is currently undeveloped with undeveloped property to the north, residential to the west and south, and commercial uses to the east.

(Continued)

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The subject site is part of a larger area that was rezoned from the D-A district to the C-3 classification in 2014


The grant of this petition would allow for a 139-foot front setback and a double loaded and single-loaded row of parking along Southport Road.

Per Table 744-1: Limitations to Parking in Front of a Building, the C-3 district within the Metro Context area is limited to one double-loaded row of parking.

Table 744-201-3: Dimensional standards for Districts C-1, C-3, C-4, C-5, C-7, and C-S notes the maximum front setback for a C-3 district within the Metro Context area is 85 feet. The request would exceed the maximum allowed by 54 feet.

Staff determined that the maximum 85-foot front setback could be met if a single-loaded row of parking would be proposed in front of the building. There is no practical difficulty to warrant the need for the variances. A change to the layout of the site would permit the Ordinance to be met.

For these reasons, staff is recommending denial of this petition. GENERAL INFORMATION THOROUGHFARE PLAN Southport Road is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a primary arterial street, with an 85-foot existing right-of-way and an 80-foot proposed right-of-way.

SITE PLAN File-dated March 10, 2019. LANDSCAPE PLAN File-dated March 10, 2019. FINDINGS OF FACT File-dated March 10, 2019. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES 2014-CZN-824B; 8120 East Southport Road (subject site), Rezoning of 5.9 acres from the D-A district to the C-3 classification to provide for an integrated commercial center, approved.

(Continued)

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STAFF REPORT 2020-DV2-012 (Continued) 2014-CZN-824C; 8120 East Southport Road (north of site) (subject property), Rezoning of 12.5 acres from the D-A district to the C-S classification to provide for an integrated commercial center, approved. 2014-CZN-824D; 8120 East Southport Road (north of site) (subject property), Rezoning of 6.7 acres from the D-A district to the C-S classification to provide for an integrated commercial center, approved. ZONING HISTORY – VICINITY 2017-ADM-063; 8120 East Southport Road (north of site) (subject property), Approval of self-storage site and landscape plans for a grocery store. 2017-ADM-062; 8120 East Southport Road (east of site), Approval of amended elevations for gas station and fence removal. 2016-ADM-362;8142 East Southport Road (east of site), Approval of elevations, site and landscape plans. 2016-ADM-014; 8120 East Southport Road (east of site, Approval of site and landscape plan for a grocery store. 2016-CZN-832 / 2016-CVR-832 / 2016-CPL-832; 6725 South Franklin Road (east of site), Rezoning of one acre from the D-A district to the C-4 classification, variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a liquor store within 20 feet from a protected district (100-foot separation required), and approval of a subdivision plat, to be known as, Deerburg Subdivision, dividing 20.18 acres into two lots, withdrawn. 2014-ADM-187; 6925 South Franklin Road (east of site), Approval of site pan for c-store and gas station. 2014-CVR-824; 8120 East Southport Road (east of site), Variance of development standards of the Commercial Zoning Ordinance to provide for a grocery store, a gasoline station and commercial retail development with outdoor seating and dining (not permitted in C-3, 200 square feet or one percent of gross floor area permitted in C-4) and with 500 square feet of outdoor storage on the fueling station parcel (outdoor storage not permitted), with 665 parking spaces (738 spaces required), approved. 2014-CZN-824A; 8120 East Southport Road (east of site), Rezoning of 28.15 acres from the D-A district to the C-4 classification to provide for an approximately 98,500 square foot grocery store, a fueling station and integrated commercial center, approved. 2013-ZON-070; 6725 South Franklin Road (east of site), Rezoning of three acres from the D-A district to the C-3 classification to provide for a gas station, approved. 2007-ZON-075; 7016 South Franklin Road (southeast of site), Rezoning of 3.15 acres from the D-A District to the C-1 classification to provide for office-buffer commercial uses, approved.

(Continued)

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STAFF REPORT 2020-DV2-012 (Continued) 2002-UV1-015; 6636 South Franklin Road (north of site), Variance of use of the Special Districts Zoning Ordinance to provide for a 2,500-square foot single-family dwelling (not permitted), granted. 99-Z-107/99-DP-18; 7835 East Southport Road (southwest of site), requests rezoning of 80.64 acres from the D-A district to the D-P classification to provide for a single-family subdivision, approved. 97-Z-53; 7700 East Southport Road (west of site), requests a rezoning of 2.662 acres from D-A to SU-39 to provide for water tanks and a water pumping station, approved. 96-Z-42/96-DP-4; 8101 East Southport Road (south of site), Rezone 93.5 acres from D-A to DP to provide for 199 single-family residential lots, approved. 96-Z-6A; 6610 South Franklin Road (north of site), Rezoning of 58 acres being in the D-A district to the SU-3 classification to provide for the development of a golf course, approved. 96-Z-B; 6636 South Franklin Road (north of site), Rezoning of 1 acre being in the D-A district to the D-1 classification to provide for the continued use of an existing single-family residence, granted 93-Z-137; 6602 South Franklin Road (north of site), Rezoning of 108 acres from D-A district to the D-4 classification to provide for residential development, denied. 90-HOV-26; 6526 South Franklin Road (north of site), Variance of development standards of the Dwelling District Zoning Ordinance to permit an addition to an existing single-family residence with a side yard setback of 3.5 feet (10.5 feet require) and a lot width of 70 feet (80 feet required), granted. 84-Z-204; 7802 East Southport Road (west of site), requests the rezoning of 20.63 acres, being in the A-2 District, to the SU-5 classification to provide for the construction and maintenance of a radio broadcasting tower and accessory building, approved. 83-Z-5 / 83-CV-4; 7802 East Southport Road (west of site), requests the rezoning of 20.83 acres, being in the A-2 District, to the D-12 classification to permit the development of 58 two-family residences on platted lots, denied; and, a variance of development standards of the Dwelling Districts Zoning Ordinance to permit a reduction in the minimum lot area, lot width, side yard, and front setback requirements, withdrawn. MI

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102


103

2020-DV2-012; Landscape Plan

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Photo of the Subject Property: 6740 South Franklin Road

Undeveloped area east of the site.

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Grocery store and gas station to the east of the site.

Residential dwellings south of the site.

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STAFF REPORT


Current Planning Section Case Number: 2020-UV2-003 Address: 6907 Coffman Road (approximate address) Location: Pike Township, Council District #7 Zoning: I-2 Petitioner: RAS Development Company LLC, by David Kingen and Justin Kingen Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for a heavy industrial use involving the heating of plastic materials (not permitted), with zero-foot north and west side setbacks (30-foot side setbacks required).

ADDENDUM FOR MAY 19, 2020 The Metropolitan Board of Zoning Appeals, at its regular meeting on April 14, 2020, continued petition 2020-UV2-003 to the May 19, 2020 hearing, without additional notice. A representative of the petitioner submitted a revised plan of operation, file dated April 30, 2020. Staff continues to recommend denial based on the proposed use not being consistent with the recommendations of the Comprehensive Plan and would negatively impact the adjacent residential uses. April 14, 2020 RECOMMENDATIONS Staff recommends denial of this petition. SUMMARY OF ISSUES LAND USE EXISTING ZONING AND LAND USE I-2 Warehouse


North - I-2 Warehouse South - I-2 Warehouse East - D-4 Single-family dwelling West - D-6II Multi-Family Dwellings

COMPREHENSIVE PLAN The Comprehensive Plan recommends light industrial uses for the western 2/3’s portion of the site, and suburban neighborhood uses for the eastern 1/3 portion of the site.

(Continued)

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STAFF REPORT 2020-UV2-003 (Continued) VARIANCE OF USE

The Comprehensive Plan recommends half of the site for suburban neighborhood uses, and the remaining half of the site for light industrial uses. The proposed use would be permitted in the I-4, Heavy Industrial Zoning District. The I-4 district is designed to provide for those heavy industrial uses which are typically characterized by certain factors which would be exceeding difficult, expensive or impossible to eliminate. These industries are therefore buffered by sufficient area to minimize any detrimental aspects. Uses within the I-4 District range from processing to manufacturing, assembly of equipment and products, including the heating of plastic materials.

Because of the character and intensity of these uses, this district should be appropriately located on major commercial arterial thoroughfares where the gradual and reasonable transition from lesser industrial uses exist. Due to the intensity of the uses, the location of this district adjacent to protected districts should be avoided.

Given the increase in intensity between the existing zoning and the proposed use, this site would be over-developed and inappropriately expand heavy industrial uses towards an established residential district and light industrial district. The proposed use would not be consistent with the recommendations of the Comprehensive Plan and would be detrimental to the use and value of the adjacent residential uses.

PLAN OF OPERATION

The plan of operation proposes a 24 hour a day, seven days a week operation, with 80 employees accessing the site at full capacity. In addition, visitor, customer, and delivery traffic is expected with approximately 20 deliveries a week, with six to seven weekly deliveries made by semi-trailers. No limits on delivery days or times are provided. In Staff’s opinion, the encroachment of the heavy industrial use into an established light industrial area and residential district would not be mitigated by the proposed plan of operation.

Staff is concerned that the number of employees and the expected delivery traffic with the proposed use would have on this portion of Coffman Road would be too much of a burden and intensity for a local street, with a 40-foot right-of-way in areas.

The proposed use would be an inappropriate encroachment and intrusion into this light industrial area and residential neighborhood because it is not in harmony with the surrounding neighborhood and fails to appropriately buffer the increase in zoning intensity from the surrounding neighborhood as recommended by the “Pattern Book.” Furthermore, staff is most concerned that, if approved, further heavy industrial defined uses would follow and encroach into this area of established light industrial and residential districts.

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 by any number of uses permitted, by right, in the I-2 zoning classification. Any practical difficulty is self-imposed by the desire to use the site for a heavy industrial use involving the heating of plastic materials.

(Continued)

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STAFF REPORT 2020-UV2-003 (Continued) VARIANCE OF DEVELOPMENT STANDARDS

The petition proposes to place two 30-foot tall silos for the outside storage of raw materials to be used in the heating of plastic materials, along the north side of the structure, resulting in a zero-foot north side setback and zero-foot west side setback. The zero-foot westside setback is a result of the proposed silos location within the 90-degree parcel line shift along the northern east-west parcel line.

Although the location of the proposed silos would be on the north side of the building, it is Staff’s position that the need for the outside silo storage and the proposed set-back variances indicates it is an increase in intensity of the site, in addition to the variance of use request.

The inability of the site to meet the development standards indicates that the proposed use would be too intense for this site. There has been no practical difficulty demonstrated that would warrant the proposed setbacks. The request is a result of the need for the silos to be located in the setback.

GENERAL INFORMATION THOROUGHFARE PLAN

This portion of Coffman Road is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 20-foot and 25-foot existing half right-of-way, and a 25-foot proposed half right-of-way.

SITE PLAN (AMENDED)

PLAN OF OPERATION (AMENDED)

FINDINGS OF FACT


File-dated April 30, 2020


ZONING HISTORY 2020-ZON-16; 6844 Coffman Road (west of site), requested the rezoning of 0.55 acre from the C-1 district to the D-3 district, pending with Staff recommending approval. 2016-CZN-831 / 2016-CVR-831 / 2016-CPL-831; 7007 Coffman Road (includes subject site), requested the rezoning of 0.19 acre from the C-3 District to the I-2 Classification to provide for industrial uses, approved; approval of a Subdivision Plat to be known as Calderon Industrial Plat, dividing 19.16 acres into three lots, approved; and a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for parking within 50% of the front yard and to provide for a building connection within the required side setback of Lots One and Three, approved, granted. 2014-UV2-005; 7005 Coffman Road (north of site), requested a variance of use of the Industrial Zoning Ordinance to provide for a banquet hall / family life center, granted.

(Continued)

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STAFF REPORT 2020-UV2-003 (Continued) 2013-UV2-001; 4765 West 71st Street (north of site), requested a variance of use of the Commercial Zoning Ordinance to provide for a construction contractor’s office, with outdoor storage of equipment, granted. 2007-UV2-038; 6565 Coffman Road (south of subject site), requested a variance of use of the Dwelling Districts Zoning Ordinance and the Industrial Zoning Ordinance to provide for a consignment store, granted. 2006-ZON-113; 7007 Coffman Road (includes subject site), requested the rezoning of 5.51 acres, from the I-2-S District, to the D-6II classification to provide for multi-family dwellings, denied. 2003-UV3-040; 6565 Coffman Road (south of site), requested a variance of Use of the Dwelling Districts Zoning Ordinance and the Industrial Zoning Ordinance to provide for an automobile repair facility, granted. 2002-DV1-003; 6601 Coffman Road (south of subject site), requested a variance of development standards of the Industrial Zoning Ordinance to provide for 10 loading docks along the front line of the building and 10 loading areas encroaching 58 feet into the front transitional yard, granted. 99-Z-16; 6844 Coffman Road (west of site), requested the rezoning of 0.6 acre from D-3 to C-1 to provide for commercial office development, approved. 99-UV2-96; 6565 Coffman Road (south of site), requested a variance of Use of the Industrial Zoning Ordinance to provide for the retail sales of automobile racing components, parts, accessories, apparel, uniforms, and products, granted. 97-UV1-109; 6601 Coffman Road (south of subject site), requested a variance of use of the Industrial Zoning Ordinance to provide for the construction of an indoor sports and recreation facility, granted. 91-UV3-84; 6565 Coffman Road (south of site), requested a variance of use of the Industrial Zoning Ordinance to permit all I-2-S and I-1-S uses, corporate offices, vehicular use areas which include administrative office and operations for the (1) indoor display of antique automobiles and vehicles, (2) indoor restoration, repair and maintenance of antique automobiles, antique vehicles, and fleet vehicles, and (3) functions of a licensed transfer automobile dealer in all existing and future buildings, granted. RU *******

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STAFF REPORT 2020-UV2-003 (Continued) 2020-UV2-003; Location Map

111

2020-UV2-003; Site Plan

112

2020-UV2-003; Plan of Operation (Amended)

LIQUIBOX PLAN OF OPERATION

6907 Coffman Road THE BUSINESS Liquibox is a tenant within an existing building (“Building”) containing approximately 65,000 square feet located at 6907 Coffman Road and owned by RAS Development Company, LLC (the “Subject Property”). Liquibox currently occupies 31,000 square feet of space in the building, where it currently conducts warehousing operations (the “Existing Space’). Liquibox proposes to establish a manufacturing component in the Existing Space, specifically producing specialty packaging for Bag in Box solutions for beverages and other liquid consumer products, using an injection molding process, as described in this Plan of Operation.1 The owner of the building is currently using the approximately 31,000 remaining square feet of additional space in the building for warehousing (i.e., there are no other tenants in the building). A floor plan showing the initial layout of the proposed manufacturing space in the Existing Space is attached as Exhibit “A.”

MANUFACTURING PROCESS The specifics of the proposed manufacturing process are set forth in Exhibit “B” attached hereto. The proposed manufacturing process is required by the FDA to be “food grade,” meaning the manufacturing process must be FDA compliant utilizing materials and processes that are safe for eventual direct food contact; said another way, by law, the operation must be very clean. The attached Exhibit “C” contains photographs which may help in understanding the process and equipment involved.

ZONING The Subject Property is zoned I-2, which allows for a variety of industrial uses, including both light and medium manufacturing. The proposed business will meet all I-2 development and performance standards. Because the Liquibox manufacturing process uses heat to mold plastic, it meets the definition of "Heavy Manufacturing" under the Zoning Ordinance, and requires a variance of use. The range of temperatures associated with the manufacturing process does not exceed those found in a common household oven.

HOURS OF OPERATION Operations for the first year or two will be limited to Monday through Friday, with two (2) twelve (12) hour shifts per day, likely in the 7 to 7 time frame. Eventually, Liquibox plans to increase operations to 7 days a week.

NUMBER OF EMPLOYEES At startup, approximately ten (10) employees per shift will be working in the manufacturing portion of the Building, inclusive of the two (2) employees working in the warehousing side of the operation. At full capacity, it is possible that a maximum of twenty (20) employees may be on-site supporting both the manufacturing operation and the warehousing operation. The majority of the employees would likely be on site during the day shift, and fewer employees on site for the night shift.

1 It is anticipated that Rapak LLC will replace Liquibox as the operator in the building upon the approval of the variance.

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2020-UV2-003; Plan of Operation (Amended) page 2

EXPECTED TRAFFIC Besides employee traffic, there will be some delivery traffic, and occasional visitor/customer traffic. The majority of this traffic would occur during the daytime. At startup, it is expected that there will be approximately 10-12 deliveries per week supporting the manufacturing operation, with approximately one third of those deliveries made by semi-trailers. Currently, the warehousing operation generates approximately 8-10 truck trips per week. It is expected that overall truck traffic will not increase significantly over time, as shipments of finished product to the Building will be phased out and replaced by less frequent shipments of raw material. So, the overall expectation might be 10-12 trucks per week accessing the Building, representing both the manufacturing and warehousing operations.

MISCELLANEOUS There will not be any noticeable emissions, if any, as a result of the added manufacturing use of the Subject Property. No air quality discharge permit is required, and no outside ventilation is required for the plastic injection molding process

OUTSIDE STORAGE Outside storage of raw materials will be wholly contained in two planned silos of approximately 30 feet in height, located on the north side of the buildings shown on the site plan submitted with the Variance Petition.

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2020-UV2-003; Photographs

Existing building on subject site, looking northwest.

Existing subject site, area of requested reduced setbacks and tank storage, looking west

115

Adjacent single-family dwellings to the east.

Adjacent multi-family condominium dwellings to the west.

116

Adjacent warehouse to the south, looking east.

Adjacent warehouse to the north, looking east.

117

STAFF REPORT



Case Number: 2020-DV2-015 Address: 5620 Michigan Road (approximate address) Location: Washington Township, Council District #8 Zoning: C-3 Petitioner: HSE.IN I LLC Lee & Associates, by David Kingen and Justin Kingen Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to legally establish a two-foot side transitional yard, to provide for a drive-through lane within 25 feet of a protected district, without a bypass lane, and without adequate parking lot circulation (not permitted), and encroaching into the stream protection corridor (20-foot rear transitional yard and 100-foot stream protection corridor 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-3 Metro Commercial SURROUNDING ZONING AND LAND USE North SU-2 & C-3 School and Commercial South D-S Residential (Single-Family) East C-3 & C-S Commercial (Retail) West D-1 Residential (Single-Family) COMPREHENSIVE PLAN The Marion County Land Use Plan (2019) recommends

Community Commercial Uses and Floodway and Environmentally Sensitive Overlay

STREAM PROTECTION CORRIDOR Crooked Creek, Category One

This site is an existing commercial site with a tenant building and parking areas. It is bordered by Michigan Road to the east and Crooked Creek to the west, which is a Category One Stream Corridor as defined in the zoning ordinance. The Michigan Road and Kessler Boulevard West Drive intersection is located directly north of this site. Commercial and retail uses front on this section Michigan Road, while suburban residential and special uses are located to the east and west of this commercial corridor.

(Continued)

118


This property is zoned C-3. C-3 is the Neighborhood Commercial District characterized by an extensive range of retail sales and personal, professional and business services required to meet the demands of the residential neighborhood in proximity. C-3 generally does not allow those businesses that require the outdoor display, sale or storage of merchandise; or require outdoor operations.

VARIANCE OF DEVELOPMENT STANDARDS FINDINGS OF FACT

This request would provide for the addition of a drive-through within a required transitional yard and encroaching into a stream protection corridor.

This request would legally establish the existing two-foot side transitional yard and parking lot with inadequate vehicle circulation.

Staff would like to note that the previous variance approved at this location was prior to the adoption of the current ordinance and development standards for the Stream Protection Corridor. Staff would not support increasing the intensity of use in a stream protection corridor. Staff would not support a variance to develop within two feet of a stream protection corridor where 100 feet is required.

The proposed tenant at this site is a restaurant with a drive-through pick-up window. The proposed drive-through would not have a speaker/order component. Staff would like to note that although the denial of this application would affect the proposed design and operations at this location, a denial would not prevent this site from being used for restaurant or accessory pick-up uses, such as a walk-up window. Staff would not support a variance without a practical difficulty.

If this request were to be approved, a commitment should be added that bollards must be installed to protect the adjacent stream from encroachment, and a privacy fence should be installed to screen the drive-through from the adjacent protected district, as shown on the site plan file-dated April 28, 2020.

GENERAL INFORMATION THOROUGHFARE PLAN Michigan Road is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a Primary Arterial with a 102-foot existing and proposed right-of-way.

Kessler Boulevard West Drive is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a Primary Arterial with a 130-foot existing and proposed right-of-way.

SITE PLAN File-dated April 28, 2020 FINDINGS OF FACT File-dated May 5, 2020 ZONING HISTORY – SITE 89-UV3-62, variance to permit outdoor sale of seasonal produce in an C-3 district, approved.

(Continued)

119


91-UV3-95, variance to continue outdoor sale of seasonal produce in a C-3 district, approved. 2008-DV3-021, variance to provide for a provide for drive-through for a restaurant within approximately 60 feet of a protected district with one stacking space after the final drive-through component, without an exclusive bypass aisle to allow vehicles to bypass the stacking area, to legally establish a drive-aisle with a zero-foot front setback, without a front landscape strip along a portion of Michigan Road, to legally establish a parking space with a two-foot front setback, with a two-foot wide front landscape strip, and to legally establish an 18-foot wide, two-way drive aisle, approved.


84-HOV-94, 5659 North Michigan Road, variance to provide for a pole sign, approved with conditions.

86-UV1-26, 5661 North Michigan Road, variance to provide for the construction of a front yard driveway to an existing restaurant, approved.

86-Z-219, 5675 Michigan Road, rezoning from the D-2 district to the C-3 district, approved.

89-UV2-119, 5649 Michigan Road, variance to provide for gas station with a convenience store and car wash, and a sign, approved.

91-UV1-124, 5659 Michigan Road, variance to permit the construction of an automatic car wash 175 feet from a residential zoning district, approved.

91-UV3-95, 5620 Michigan Road, variance to permit the continued operation of outdoor sales of seasonal produce, approved with commitments.

91-V1-57. 5659 Michigan Road, variance to permit the placement of signs on the gasoline service station pumps and pump islands in excess of the permitted 12 square feet, approved.

93-HOV-81, 5505 Knollton Road, variance to permit an addition to an existing garage resulting in an accessory building with 95 percent of the main floor area, approved.

93-V1-50, 5659 Michigan Road, variance to permit the placement of gasoline pricing panels on the existing permitted pole sign, and pump island signs in excess of the permitted 12 square feet per pump island, approved.

93-V1-66, 5661 North Michigan Road, variance to permit construction of a drug store with a total of 74 parking spaces, approved.

94-UV2-93, 5602 Michigan Road, variance to provide for the continued operation of a motor vehicle repair facility in an existing building with removal of existing gasoline pumps and underground storage tanks, approved.

(Continued)

120


94-HOV-127, 5649 Michigan Road, variance to provide for the relocation of a pole sign with pricing panels, being three feet from the new right-of-way of Kessler Boulevard and five feet from the right-of-way of Michigan Road, resulting from widening and other improvements to the intersection, approved.

94-HOV-18, 5675 North Michigan Road, variance to permit a 12-foot ground sign in a D-2 district, approved.

95-HOV-67, 5505 Knollton Road, variance to provide for construction of a pole barn and an in-ground pool with a deck, resulting in the square footage for accessory uses exceeding the main floor area of the residence, approved.

96-UV1-113, 5681 North Michigan Road, variance to provide for operation of a minor automobile repair and hand automobile wash, approved. 96-SE3-3 & 96-V3-40, 1849-1857 Kessler Boulevard West Drive, special exception to provide for construction of a church and a variance to provide for placement of a 9.5 by 3-foot ground sign in a D-2 district, approved.

96-Z-71, 5681 North Michigan Road, rezoning from the C-3 district to the C-4 district, withdrawn.

98-UV2-76, 5543-5555 Michigan Road, variance to provide for philanthropic and educational uses in an SU-34 district, approved.

99-V2-22, 5560 Michigan Road, variance to provide for an illuminated pylon sign, 187 feet from a protected district, approved.

2001-DV1-032, 2150 Kessler Boulevard, variance to provide for a 6.75-foot tall, 47.9-square foot pylon sign with a six-foot setback from right-of-way, within 125 feet of a dwelling district, and to provide for the construction of a 6.75-foot tall, 38-square foot pylon sign located within the right-of-way, within 60 feet of a dwelling district, approved with conditions.

2003-DV2-013, 5649 Michigan Road, variance to provide for a 28.33-foot tall, 107.56-square foot pole sign with a zero-foot setback from right-of-way from Kessler Boulevard and Michigan road, and located within the required clear-sight-triangle, withdrawn.

2003-UV3-008, 2050 W 56th Street, variance to provide for a 25.5-foot garage with a secondary dwelling unit, located in the front yard of an established dwelling, withdrawn.

2006-UV1-035, 5649 Michigan Road, variance to provide for an integrated center with C-3 uses and a drive-through facility, to provide for a 300-square foot outdoor seating area for a restaurant, with carry-out and a drive-through within twenty feet of a protected district, and to provide for a dumpster enclosure with the open side facing the protected district to the east, and to provide for seven-foot front landscape strips along Michigan Road, approved.

2006-ZON-129, 1950 Kessler Boulevard, rezoning of 0.805 acre, from the D-2 AND C-3 Districts, to the C-3 classification to provide for neighborhood commercial uses, approved.

(Continued)

121


2009-ZON-047, 5555 Michigan Road, rezoning of 17.8 acres, from the SU-34 District, to the C-3C classification to provide for corridor commercial uses, withdrawn.

2010-DV3-025, 5675 Michigan Road, variance to provide for the sale of alcohol within 25 feet of a D-2 zoned protected district, withdrawn.

2012-ZON-070, 5555 Michigan Road, rezoning of 20.827 acres, from the D-2 and SU-34 Districts to the C-S classification to provide for C-3 commercial uses, with prohibited uses, approved.

2013-CVC-803, 5555 Michigan Road, vacation of the Lots 1, 2, 3 and 4 of Highland Kessler Homes Subdivision, approved.

2013-CVR-802, 5555 Michigan Road, variance to provide for outdoor seating for taverns, fast-food and drive-through restaurants and any establishment, where food or alcoholic beverages may be carried out, approved.

AR *******

122


123

2020-DV2-015; Site Plan & Elevation

124


Subject site, facing northwest

Proposed tenant space, facing west

Subject site, facing southwest

125

Existing sign and parking area, intersection of Michigan Road and Kessler Boulevard West Drive, facing north

Proposed drive-through, stream and forest protection area shown right, facing south.

Proposed drive-through, stream and forest protection area shown left, facing north.

126

Drive-through exit point, facing southeast

Parking area and drive-through exit point, facing west.

South of site

127

East/southeast of site

East of site

Intersection of Michigan Road and Kessler Boulevard West Drive, north/northeast of site.

128

STAFF REPORT


Current Planning Section Case Number: 2020-UV2-005 Address: 5339 West 71st Street (approximate address) Location: Pike Township, Council District #8 Zoning: D-A Petitioner: AT&T Mobility, by Matthew M. Price Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for a wireless communications facility (not permitted) with a 125-foot tall monopole tower with a five-foot lightening rod and with a 30-foot rear setback (75-foot setback required).

The petitioner has submitted a request to continue this petition to the June 9, 2020 hearing, in order to provide adequate notice. MI *******

129

STAFF REPORT


Current Planning Section Case Number: 2020-UV2-006 Address: 518 Warsaw Street (approximate address) Location: Center Township, Council District #16 Zoning: I-3 (RC) Petitioner: Robert Odendahl, by Mark and Kim Crouch Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for a three-story single-family dwelling (not permitted), with a 5.5-foot south front transitional setback, 2.9-foot east side setback and a three-foot west side setback (40-foot front transitional and 10-foot side setbacks required).

The petitioner has submitted a request to continue this petition to the June 9, 2020 hearing, in order to provide time to amend the request. JY *******

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