metropolitan board of zoning appeals...3 staff report department of metropolitan development...

METROPOLITAN BOARD OF ZONING APPEALS DIVISION III

Tuesday, May 26, 2020 1:00 PM

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STAFF REPORTS FOR MAY 26, 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-DV3-008 3200 EAST LORETTA DRIVE PERRY TOWNSHIP, COUNCIL DISTRICT 24

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2020-DV3-009 (AMENDED)

1215 UNION STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

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2020-DV3-010 266 HENDRICKS PLACE CENTER TOWNSHIP, COUNCIL DISTRICT 17

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2020-DV3-013 1031 ELM STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

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2020-DV3-014 8282 NORTH PENNSYLVANIA STREET WASHINGTON TOWNSHIP, COUNCIL DISTRICT 2

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2020-DV3-015 917 NORTH DEARBORN STREET CENTER TOWNSHIP, COUNCIL DISTRICT 12

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TRANSFERRED PETITION:

2020-DV1-019 6116 GUILFORD AVENUE WASHINGTON TOWNSHIP, COUNCIL DISTRICT 2

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CONTINUED PETITIONS:

2020-SE3-001 3410 MCLAUGHLIN STREET PERRY TOWNSHIP, COUNCIL DISTRICT 24

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2019-DV3-044 (AMENDED)

6139 WEST 79TH STREET PIKE TOWNSHIP, COUNCIL DISTRICT 1

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2020-DV3-001 2050 CARROLLTON AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT 17

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2020-DV3-003** 325 WEST MORRIS STREET AND 350 KANSAS STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

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NEW PETITIONS:

2020-DV3-007 5653 BRENDON WAY WEST DRIVE LAWRENCE TOWNSHIP, COUNCIL DISTRICT 4

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2020-DV3-011 3317 GRACELAND AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT 9

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2020-DV3-012 375 SOUTH FRANKLIN ROAD WARREN TOWNSHIP, COUNCIL DISTRICT 18

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2020-DV3-016

6331 WEST MORRIS STREET WAYNE TOWNSHIP, COUNCIL DISTRICT 22

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* 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-DV3-008 Address: 3200 East Loretta Drive (approximate address) Location: Perry Township, Council District #24 Zoning: D-A Petitioner: Davis Building Group LLC, by Paul J. Carroll Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the construction of a single-family dwelling with 24-foot north front and south side setbacks (35-foot front and 30-foot side setbacks required).

RECOMMENDATIONS

Staff recommends approval of the request.

SUMMARY OF ISSUES

LAND USE

EXISTING ZONING AND LAND USE

D-A Undeveloped

SURROUNDING ZONING AND LAND USE

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

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

The subject site is a corner lot in the Metro context area, where the Ordinance requires a front setback on each abutting street.

The proposed dwelling would have a 24-foot front setback and 24-foot south side setback, while a 35-foot front setback and 30-foot side setback are required. This is a difference of 11 feet for the front setback, or a thirty-two percent reduction from the requirement. This is a difference of six feet for the side setback, or a twenty percent reduction from the requirement. The reduced front setback and south side setback would both be a minimal deviation from the Ordinance requirements.

(Continued)

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STAFF REPORT 2020-DV3-008 (Continued)

The subject site is approximately 18,350 square feet, which is less that the minimum three acres the Ordinance requires, and the lot is approximately 100 by 200 feet, where the Ordinance requires a minimum street frontage of 125 feet and minimum lot width of 250 feet. As the physical characteristics of the subject site severely limit the location of the proposed dwelling structure in compliance with the terms of the Ordinance, a practical difficulty exists, and the requested variances should be approved.

GENERAL INFORMATION THOROUGHFARE PLAN This portion of East Loretta Drive is indicated as a local street

on the Official Thoroughfare Plan, with an existing and proposed 25-foot half right-of-way. This portion of Tulip Drive is indicated as a local street on the Official Thoroughfare Plan, with an existing and proposed 25-foot half right-of-way.

SITE PLAN

FINDINGS OF FACT

File-dated April 14, 2020

File-dated April 14, 2020 ZONING HISTORY 2017-DV1-077; 6509 South Sherman Drive (east of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish a parcel, with zero feet of frontage on a public street and without direct access to a public street, granted. 2011-DV2-029; 3245 Loretta Drive (west of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to legally establish an 834-square foot detached garage with a 2.5-foot west side setback, a 380-square foot storage barn with a three-foot west side setback, and a 12-square foot storage barn with a 27-foot east side setback, granted. 2011-UV1-001; 3125 Tulip Drive (south of site), requested a variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for a pet grooming business in the detached accessory structure and to legally establish a 24-foot tall detached accessory structure, granted. RU *******

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STAFF REPORT 2020-DV3-008 (Continued) 2020-DV3-008; Location Map

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2020-DV3-008; Site Plan

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2020-DV3-008; Photographs

Subject site, location of proposed 24-foot north front setback, looking southeast.

Subject site, location of proposed 24-foot south side setback, looking west

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Adjacent property to the south, looking west.

Adjacent property to the east.

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Adjacent property to the north.

Adjacent property to the west, looking south.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV3-009 (Amended) Address: 1215 Union Street (approximate address) Location: Center Township, Council District #16 Zoning: D-5 Petitioner: CAS Homes LLC, by Sarah Walters Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a detached garage accessory to a single-family dwelling with a 12.5-foot front setback and 58% open space (18-foot front setback or average and minimum 60% open space 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-5 Compact Single-family dwelling SURROUNDING ZONING AND LAND USE North D-5 Tri-plex 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

development.

The 0.13-acre site is developed with a single-family dwelling that was remodeled and converted from the previously existing two-family dwelling. A few of the surrounding properties have detached garages while others simply have designated parking pads.

VARIANCE OF DEVELOPMENT STANDARDS

The grant of the petition would allow for a deficient 12.5-foot front setback and deficient 58 percent open space.

(Continued)

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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.

Table 744-201-1: Dimensional Standards for Districts D-A through D-5II indicates that the D-5 district in the Compact Context area requires an eighteen-foot front setback or average and 60 percent open space.

The request would legalize the existing front setback which would be consistent with front setbacks along Union Street.

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.

The request would reduce the required 60 percent open space to 58 percent. This is due to staff’s recommendation to reduce the original 24-foot by 30-foot detached garage to a minimally sized 22-foot by 22-foot detached garage. Thus, increasing the open space from 54 percent to 58 percent. The proposed open space reduction to 58 percent would be reasonable and supportable.

In staff’s opinion, the approval would not be injurious to the public health, safety, morals, or general welfare of the community because it aligns with the character of the area with single-family dwellings with detached garages. For these reasons, staff supports the requests.

GENERAL INFORMATION THOROUGHFARE PLAN Union 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.

SITE PLAN File-dated April 15, 2020. AMENDED SITE PLAN File-dated May 4, 2020. FINDINGS OF FACT File-dated April 15, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None.

(Continued)

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STAFF REPORT 2020-DV3-009 (Continued) ZONING HISTORY – VICINITY 2019-UV3-002; Five locations between 308 West Morris Street and 101 East Morris Street; Four locations between 1434 and 1718 South Meridian Street and one location near 702 Russell Avenue (north of site), Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for 30-inch wide by 46-inch high banners as Public Signs, as provided for and amended by Petition 2018-APP-032, attached to utility poles within the right-of-way and within protected districts (not permitted) along Morris Street, Russell Avenue, Norwood Street and Meridian Street, granted. 2018-APP-032; 324 West Morris and various locations in the Old Southside Neighborhood (north of site), Approval of 26-inch wide by 56.5-inch high banners as Public Signs attached to utility poles on locations along Morris Street, Russell Avenue, Illinois Street, West Street, McCarty Street, Meridian Street, South Street, Kentucky Avenue, Norwood Street, Merrill Street and Bluff Road, approved. 2018-DV3-052; 1345 South Union Street (south of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish a single-family dwelling to provide for the reconstruction of the rear portion, with an eight-foot front setback, a two-foot side setback, two feet between dwellings and a detached garage creating 57% open space (18-foot front, three-foot side, 10 feet between dwellings and 60% open space), granted. 83-UV1-89; 1218 South Union Street (west of site), Variance of use of the D-5 Dwelling Districts Zoning Ordinance to permti the converison of a single-family residence into five, individual apartments, denied. MI

*******

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2020-DV3-009; Location Map

2020-DV3-009; Aerial Map

2020-DV3-009; Sanborn (1887)

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2020-DV3-009; Amended Site Plan

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Photo of the Subject Property: 1215 Union Street

View of the front setback from the neighborhing property to the south.

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Rear view of the subject site.

Photo of parking conditions for neighborhoing properties to the east.

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STAFF REPORT


Current Planning Section

Case Number: 2020-DV3-010 Address: 266 Hendricks Place (approximate address) Location: Center Township, Council District #17 Zoning: D-8 Petitioner: Tommy Palacios, by Sarah Walters Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a rear patio addition and front porch replacement and steps with 51% open space (55% open space 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-8 Compact Residential (Two-Family) SURROUNDING ZONING AND LAND USE North D-8 Residential (Single-Family) South D-8 Residential (Two-Family) East D-8 Residential (Single-Family) West D-8 Residential (Single-Family) COMPREHENSIVE PLAN The Marion County Land Use Plan (2019) recommends Traditional

Neighborhood Uses. STRATEGIC PLAN Blue Line TOD Strategic Plan REDVELOMPENT AREA Near Eastside Redevelopment Area TIF DISTRICT Near East Side HOTIF

This site is a 4000-square foot lot with an existing two-story, two-family dwelling, which is being converted to a single-family dwelling. The building is vacant and boarded. The surrounding area is a mix of one and two-family dwellings. North of New York Street is the women’s correctional facility. This site is also one parcel south of the New York Street dedicated bike lane and the Bus Route Number 3.

This property is zoned D-8. The D-8 district is a unique district designed for application in older developed urban areas. The district allows all forms of residential development… The district is designed to provide for the wide range and mixture of housing types found in older, inner-city neighborhoods, as well as along older residential/commercial thoroughfares.

(Continued)

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VARIANCE OF DEVELOPMENT STANDARDS FINDINGS OF FACT

This request would provide for the replacement of the front porch and addition of rear steps and patio with 51% open space.

The existing house and garage exceed the building area for fifty-five percent open space. Because the front porch is being removed, it is no longer legally established and requires a variance. Staff would not be opposed to a variance where the proposed development would be largely the same as the existing dimensions and consistent with the neighborhood character.

The rear steps add minimal square footage to the existing building area and are required by building code for any exit not at grade. Staff would not be opposed to a variance where the new construction would not significantly impact the site.

Staff would like to note that the rear patio is under eighteen inches from grade and was not counted towards the open space calculation.

GENERAL INFORMATION THOROUGHFARE PLAN Hendricks Place 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.

ELEVATIONS File-dated May 14, 2020 SITE PLAN File-dated May 14, 2020 FINDINGS OF FACT File-dated April 15, 2020 ZONING HISTORY – SITE PREVIOUS CASES: NONE ZONING HISTORY – VICINITY 2011-UV1-003, 227 Hendricks Place, variance to provide for a neighborhood resource office use, with a handicap ramp with an eight-foot rear yard setback, approved. 2009-DV3-035, 308 North Hamilton Avenue, variance to provide for a twelve-unit, multi-family dwelling with a 0.924 floor area ratio, 1.163 open space ratio, 0.488 livability space ratio, 0.0 major livability space ration and a 0.25 total car ratio, withdrawn. 94-UV1-98, 1825 East New York Street, variance to provide for continued automobile sales and body shop uses in a D-8 district, denied. 2012-UV3-006, 1825 East New York Street, variance to provide for an automobile repair facility and general office uses in a D-8 district, approved with conditions. 76-UV2-37, 1818 East New York Street, variance to provide for an auto sales lot, with offices and signs, in a D-8 district, denied.

(Continued)

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STAFF REPORT 2020-DV3-010 (Continued) 93-V3-112, 326 and 330 North Randolph Street, variance to provide for a six-foot fence in the required front yard, approved. 86-UV1-68, 1825 East New York Street, variance to provide for the outside sale and display of automobiles with temporary storage of inoperable vehicles in a D-8 district, approved with conditions. 86-Z-148, 1901 East New York Street, rezoning of 15.4 acres from the D-8 and C-2 district to the SU-8 district; initiated by the Metropolitan Development Commission, approved. 2011-ZON-095, 1825 East New York Street, rezoning from the D-8 district to the C-S district, withdrawn. AR ******* 2020-DV3-010; Location Map

2020-DV3-010 Plat Map

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2020-DV3-010; Elevations

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Subject site, facing west

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Southwest of site

Northwest of site

East of site

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Subject site rear yard, facing northeast

View of alley west of site

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STAFF REPORT


Current Planning Section Case Number: 2020-DV3-013 Address: 1031 Elm Street (approximate address) Location: Center Township, Council District #16 Zoning: D-8 Petitioner: Jeff Carl, 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 attached by a breezeway to an existing single-family dwelling with an eight-foot front setback, 2.75-foot west side setback, 2.75 feet between primary dwellings, a five-foot rear setback and 34% open space (18-foot front setback or average, four-foot side setbacks, 10 feet between dwellings, 15-foot rear setback and 55% open space required).

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

EXISTING ZONING AND LAND USE D-8 Single-family dwelling

SURROUNDING ZONING AND LAND USE North - D-8 Single-family dwelling South - D-8 Multi-family dwellings East - D-8 Undeveloped West - D-8 Single-family dwelling

COMPREHENSIVE PLAN The Comprehensive Plan recommends traditional

neighborhood uses for the site, with an overlay for the Red Line Transit Oriented Development.


The proposed front setback would roughly match the setbacks of existing single-family dwellings in the area, therefore, Staff believes that the reduced setback would have no impact on the streetscape or the surrounding property owners, and would represent a minor deviation from the Ordinance.

(Continued)

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Development Standards of the Consolidated Zoning and Subdivision Ordinance, specifically those relating to side setbacks and building separation, are intended to provide sufficient buffering to prevent the lateral expansion of fires, as well as the operation of emergency equipment in such situations.

The requested 2.75-foot north side setback, and 2.75 feet separation between primary dwellings would legally establish the existing primary dwelling structure setback and building separation that has existed since 1870 according to Assessors records. Therefore, Staff believes that the requested west side setback and primary dwelling building separation variances would have no impact on the streetscape or the surrounding property owners and would represent a minor deviation from the Ordinance.

The requested five-foot rear setback for 1031 Elm Street is a result of the small size of the lot. The lot depth, at approximately 100 feet, leaves little room for a garage in addition to the single-family dwelling. If the proposed garage were to be detached, it would be in the same approximate location with a five-foot rear setback, due to the shallow depth of the lot and limited building area. Therefore, the request would not impose a significant negative impact upon adjacent properties, and would represent a reasonable deviation from the Ordinance.

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.

The proposed request for 34% of open space would roughly match the open space of existing single-family dwellings in the area, therefore, Staff believes that the reduced open space would have no impact on the streetscape or the surrounding property owners, and would represent a minor deviation from the Ordinance.

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 variance request, and additionally that no public safety or health risks would come from the grant of this variance.

THOROUGHFARE PLAN This portion of Elm Street 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 PLANS File-dated April 16, 2020. FINDINGS OF FACT File-dated April 16, 2020.

(Continued)

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STAFF REPORT 2020-DV3-013 (Continued) ZONING HISTORY 2018-HOV-076; 1005 Lexington Avenue (east of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a single-family dwelling and detached garage, with a nine-foot front setback, 1.5-foot and two-foot side setbacks, three feet between dwellings, a 3.5-foot rear setback and 40% open space, granted. 2018-DV1-037; 1007 Lexington Avenue (east of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for additions to an existing dwelling, and detached garage, with one-foot side setbacks, two feet between dwellings, an eight-foot front setback, a two-foot rear setback for a detached garage, and 40% open space, granted. 2018-DV3-015; 969 Elm Street (west of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a single-family dwelling, with a 10-foot front setback, 3.5-foot side setbacks, 3.5-foot separation between primary residences on abutting lots, and 43% open space, denied. 2018-DV3-032; 963 Hosbrook Street (west of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a dwelling addition, with a two-foot west side setback and one-foot rear setback, zero feet between primary dwellings on abutting lots (ten-foot separation required), 43% open space, and to legally establish zero-foot front and east side setbacks, granted. 2018-DV3-047; 947 Elm Street (west of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a single-family dwelling and attached garage and porch, with a 3.5-foot front setback, three-foot side yards, four feet between dwellings and 44% open space, granted. 2018-DV3-050; 806 Shelby Street (north of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a three-story single-family dwelling with a five-foot front setback and a 49% open space, with a detached garage, granted. 2017-DV1-005; 952, 954 and 958 Elm Street (west of site), requested a variance of development standards to provide for a single-family dwelling and a detached garage, creating 40% open, with a 4.29-foot front setback, three-foot side setbacks, from three feet to six feet between buildings on lots with deficient minimum lot width and street frontage, granted. 2015-HOV-001; 958 Lexington Avenue (north of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a 352-square foot detached garage, with a two-foot side setback and a four-foot aggregate side setback, creating an open space of 47.8%; granted. RU *******

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Subject site, looking south.

Adjacent properties to the west with existing side setback and 2.75-foot primary dwelling separation,

looking south.

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Adjacent property to the east, looking south.

Adjacent property to the north.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV3-014 Address: 8282 North Pennsylvania Street (approximate address) Location: Washington Township, Council District #2 Zoning: D-1 Petitioner: Matt Clay, by Robert D. Haas Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the construction of a single-family dwelling with an 80-foot front setback (85-foot front 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-1 Metro Single-family dwelling SURROUNDING ZONING AND LAND USE North D-1 Single-family dwelling South D-1 Single-family dwelling East D-S Single-family dwelling West D-1 Single-family dwelling COMPREHENSIVE PLAN The Comprehensive Plan recommends suburban neighborhood

development.

A single-family dwelling with an attached garage is being constructed on the 0.51-acre site, which is surrounded by similar residential development. The lots within this area are deep lots with large front setbacks from the right-of-way, as required by the D-1 district.


The grant of the petition would allow for the construction of a single-family dwelling with a deficient 80-foot front setback.

(Continued)

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Per Table 744-201-1 of the Ordinance, the required front yard along a local street in the Metro Context Area within the D-1 district is the greater of 30 feet from proposed right-of-way or average setback. The front setback of the property to the north is approximately 87 feet and the front setback of the southern property is approximately 83 feet. The required front setback is the average setback of 85 feet. The request would propose an 80-foot front setback for a front porch that would make the dwelling more consistent with the adjoining development.

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 variance request.

In staff’s opinion, the approval would not be injurious to the public health, safety, morals, or general welfare of the community because it aligns with the character of the area.

GENERAL INFORMATION THOROUGHFARE PLAN Pennsylvania Street is classified in the Official Thoroughfare

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

OVERLAY This site is located within an environmentally sensitive

overlay, specifically the Forest Alliance Woodlands. SITE PLAN File-dated April 20, 2020.

ELEVATIONS File-dated April 20, 2020. FINDINGS OF FACT File-dated April 20, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None.

(Continued)

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STAFF REPORT 2020-DV3-014 (Continued) ZONING HISTORY – VICINITY 2018-DV3-005; 8320 North Pennsylvania Street (north of site), Variance of development standards of the Consolidated Zoning and Subdivsion Ordinance to provide for a n additon to a single-family dwelling, with a five-foot north side setback and 16-foot aggregate setback (eight-foot side setback minimum and 22-foot aggregate setback required), granted. 2017-DV1-015; 8205 North Pennsylvania Stret (southeast of site), Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a five-foot tall fence within the front yard, enroaching into the right-of-way of the abutting streets (maximum 42-inch tall fence, 48-inch tall fence, with 30% opacity permitted, fences in the right-of-way not permitted), granted. 2003-DV3-034; 8201 North Pennsylvania Street (southwest of site), Variance of development standars of the Dwelling Districts Zoning Ordinance to provide for a seven-foot tall wood stockade fence with nine-foot tall fence posts in the front and side yards, denied. 99-V3-41; 210 East 82nd Street (southeast of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a room addition to a single-family residence with a side yard setback of 10 feet, an aggregate side yard setback of 18 feet, resulting in a lot with 83% open space, in D-S, granted. MI

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Photo of the subject properety and neighborhing properties.

Photo of the properties to the north.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV3-015 Address: 917 North Dearborn Street (approximate address) Location: Center Township, Council District #12 Zoning: D-5 Petitioner: Tiffany Palacios, by Sarah Walters 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 55% open space (60% open space 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-5 Compact Residential (Two-Family)


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

Neighborhood Uses.

This site is a 4,878-square foot lot with an existing one-story, two-family dwelling, which is being converted to a single-family dwelling. The building is vacant and boarded. The surrounding area is a mix of one and two-family dwellings.

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.


This request would provide for construction of a detached garage, resulting in a reduced open space of 55 percent.

(Continued)

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The lot is less than the minimum width and area for the D-5 district. The proposed garage is 20 by 20-feet, which is the smallest size for a typical two-car garage. Staff would not be opposed to a variance to slightly reduce the open space for a substandard lot.

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.

SITE PLAN File-dated May 18, 2020

FINDINGS OF FACT File-dated April 21, 2020

ZONING HISTORY – SITE

PREVIOUS CASES: NONE

ZONING HISTORY – VICINITY

95-V2-39, 942 North Dearborn Street, variance to provide for placement of a six-foot tall fence within the front yard along St. Joseph Street, approved.

2019-CVR-817 & 2019-CZN-817 3201 East 10th Street, rezoning from the D-5 and C-3 districts to the MU-1 classification to provide for multi-family dwellings, with limited commercial space; and variances to provide for a multi-family building encroaching into the right-of-way of 10th Street, with a five-foot front setback from Dearborn Street and within the clear sight triangle of the abutting streets, and with parking without interior landscaping, with a trash container with a zero-foot south side transitional yard, without landscaping and not screened from Dearborn Street, with a parking lot encroaching into the north-abutting alley, with a two-foot rear transitional setback, with a zero-foot south transitional side setback, without landscaping and with 162-square foot parking spaces with access from Dearborn Street (180-square feet and access from improved alley required, approved.

2012-DV3-022, 850 North Gray Street, Variance to legally establish a 576-square foot detached garage, creating an open space of 61 percent and to legally establish an existing single-family dwelling, with a one-foot north side setback and a seven-foot aggregate side setback, approved.

86-UV2-50, 3003 East 10th Street, variance to provide for the outside display of sales of automobiles, denied.

2009-DV2-060 3101 East 10th Street, variance to provide for a mixed-use complex, with 12,375 square feet of commercial space, and 34 multifamily residential units, located within the clear sight triangles of 10th and Oakland Streets and 10th and Gray Streets, with a front setback, with a 31-foot setback from the centerline of 10th Street, a zero-foot west and east front setback from Oakland Avenue and Gray Street, respectively, and to provide for access lanes, parking spaces and a trash container within the south transitional yard, thereby reducing it to zero feet, to provide for 46 parking spaces (105 parking spaces required), and to provide for outdoor seating, approved.

(Continued)

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86-UV2-89, 940 North Dearborn Street, variance to provide for the on-going sales of household goods and miscellaneous items from an existing residential garage, approved.

88-UV2-90, 3139 East 10th Street, variance to provide for the continued use of an existing building for a heating and air conditioning contractor, with insufficient frontage on a public street, outdoor storage of commercial vehicles, an unenclosed trash dumpster and not transitional yard, approved.

2000-LNU-002, 904, 904 ½, and 906 North LaSalle Street, certificate of legal, nonconforming use for the location, operation and maintenance of a three-unit dwelling on a property zoned D-5, approved.

2009-ZON-059 3125 East 10th Street, rezoning from the C-3 district to the C-3C district, approved.

AR *******

42



43


Subject site, facing west

Subject site rear yard, facing east

44

South of Site

Southeast of site

East of Site

45

North of site

Alley, facing south

Alley, facing north

46

STAFF REPORT


Current Planning Section Case Number: 2020-DV1-019 Address: 6116 Guilford Avenue (approximate address Location: Washington Township, Council District #2 Zoning: D-5 Petitioner: Daniel J. and Ann C. Lee, by David Kingen and Justin Kingen Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for 40-foot wide and 49-foot wide lots and to provide for and legally establish three-foot rear setbacks (50-foot width and five-foot rear setbacks required).

ADDENDUM FOR MAY 26, 2020 This petition was continued and transferred from the May 12, 2020 hearing of Board I to the May 26 2020 hearing at the request of staff. No additional information has been provided to the file. Staff recommends denial of this request. MAY 12, 2020 RECOMMENDATIONS Staff recommends this petition be continued and transferred to the May 26, 2020 hearing of Board III. This petition falls within the three-year timeframe that would require it to be heard by the same Board that originally heard the case. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-5 Compact Single-family dwelling SURROUNDING ZONING AND LAND USE North D-5 Single-family dwelling South D-5 Two-family dwelling / Single-family dwelling East D-5 Single-family dwelling West D-5 Single-family dwelling BROAD RIPPLE VILLAGE PLAN The Envision Broad Ripple Plan (2012) recommends 3.5 to 5 ENVISION BROAD RIPPLE dwelling units per acre development

(Continued)

47


The 0.36-acre subject site is currently developed with a single-family dwelling and detached garage.


The grant of this petition would allow for a single lot, with 89 feet of lot width, to be split into two deficient parcels and allow for three-foot rear setbacks for detached garages.

Per Table 744-201-1: Dimensional Standards for Districts D-A through D-5II, the required lot width in the D-5 district is 50 feet. The northernmost parcel would be 8,703 square feet in size (0.20-acre) and have a 49-foot lot width. The southernmost parcel would be 6,984 square feet in size (0.16-acre) and have a 40-foot lot width.

Development Standards of the Consolidated Zoning and Subdivision Ordinance, specifically those relating to lot width, 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.

Once split, the resulting northern lot would have a one-foot deficiency in lot width, equating to a two percent reduction from the lot width Ordinance requirement. The southern lot would have a nine-foot deficiency in lot width, which would be an 18 percent reduction from the Ordinance requirement. Keeping the lot width above a certain requirement ensures that access and use of the property would not be hindered, and Staff believes that the reductions, as proposed, would be inconsistent with the general development pattern of the immediate area and negatively affect the resulting properties and neighbors.

Staff has concerns about parcels being split beyond the original plat. Staff determined that the proposed split would be inconsistent with the neighborhood by increasing the density of the site to 5.5 dwelling units per acre, above the Envision Broad Ripple Plan density recommendation of 3.5 to five dwelling units per acre.

There are other similar lots with the same approximate lot width throughout the area that help provide for a diversity of housing, and add to the stability of the area. If the request would be approved, it would encourage these other lots to split, increasing the density of the area further above the plan recommendation.

The request would also provide for detached garages with three-foot rear setbacks. The three-foot rear setback for the northern lot would be legally established since the detached garage already exists on site. However, the detached garage for the southern lot could meet the required five-foot rear setback since it would be new construction. There is no practical difficulty requiring the placement of the garage at the requested three-foot rear setback for the southern lot. Staff believes the proposed garage setback would negatively impact the existing character of the adjacent properties, and the function of the alley access

The inability of the site to meet the development standards as requested indicates that the request would be too intense for this site. There has been no practical difficulty demonstrated that would warrant the proposed lot widths and the rear setbacks, as the site could continue to be used as a single-family development, and comply with the standards of the Ordinance.

(Continued)

48


This request was previously denied by the Board of Zoning Appeals, Division III through petition 2018-DV3-049. In accordance with the BZA’s Rules of Procedure, “no variance or special exception petition that has been the subject of a prior denial by any Division of the Board or Metropolitan Development Commission shall be granted except upon adoption of an additional finding that a substantial change in particular circumstances that included the prior denial has occurred.” To staff’s knowledge, such substantial change has not occurred.

Therefore, staff recommends this petition be transferred to the May 26, 2020 hearing of Board III since this petition falls within the three-year timeframe that would require it to be heard by the same Board that originally heard the case.

GENERAL INFORMATION THOROUGHFARE PLAN Guilford Avenue is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a local street, with a 49-foot existing and proposed right-of-way.

OVERLAY This site is in a Transit-Oriented Development (TOD)

overlay, specifically the Bus Rapid Transit Red Line. SITE PLAN File-dated March16, 2020. FINDINGS OF FACT File-dated March16, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES 2018-DV3-049; 6116 Guilford Avenue (subject site), provide for two single-family residential lots, with lot widths of 40 and 49 feet (50 feet required), denied. 2018-PLT-076; 6116 Guilford Avenue (subject site), approval of a Subdivision Plat, to be known as Replat of Lot Two in Coil Park, dividing 0.36 acre into two lots, pending. ZONING HISTORY – VICINITY 2013-HOV-031; 6019 Guilford Avenue (south of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the reconstruction of a detached garage, with an approximately 0.5-foot south side setback, creating an approximately 4.5-foot aggregate side setback, granted.

(Continued)

49

STAFF REPORT 2020-DV1-019 (Continued) 2010-HOV-037; 6104 Winthrop Avenue (east of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a detached garage with a 3.3-foot north side setback and a 0.8-foot front setback from Winthrop Avenue and a 12.6-foot front setback from 61st Street, granted. 2008-DV1-060; 6109 Carrollton Avenue (west of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a 418-square foot room addition connecting the existing single-family dwelling to the detached garage, resulting in a lot open space ration of 49.51%, and resulting in a primary structure with a seven-foot rear setback, granted. 2008-DV1-025; 6109 Carrollton Avenue (west of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a 1,008-square foot detached garage, with a four-foot south side setback, and an aggregate side setback of eight feet, and resulting in a lot open space ration of 58.15%, granted. 2012-DV2-042; 6110 Carrollton Avenue (west of site), Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for an eight-foot tall fence along the south property line (maximum six-foot tall fence permitted), granted. 2007-DV3-006; 6130 Carrollton Avenue (west of site), Variance of development standards of the Dwellings Districts Zoning Ordinance to provide for the construction of a 24.3-foot tall, 311-square foot, two-story addition and a 340-square foot, second floor addition to a 469-square foot detached garage with a two-foot north side setback (minimum 20-foot height permitted, minimum four-foot side setback required), and to legally establish a 76-square foot detached accessory structure with a two-foot rear setback (minimum five-foot rear setback required), resulting in an accessory building area of 1, 196 square feet or 102 percent of the main floor area of the primary dwelling, (maximum 876.75 square feet or 75 percent of the main floor area of the primary dwelling permitted), granted. 2003-PLT-811; 6107 Carrollton Avenue (west of site); Request approval of a subdivision plat to be known as Coil Park Replat dividing 0.3 acre into two lots, approved. 2003-VAR-811; 6107 Carrollton Avenue (west of site), Variance of development standards of the Dwelling District Zoning Ordinance to provide for two lots with 44 feet of street frontage and to legally establish two dwellings with insufficient setbacks, granted. 2002-UV1-012; 3701 Kentucky Avenue (south of site), Variance of use of the Commercial Zoning Ordinance to provide for a tea room and gift shop located in an existing 2,676 square foot building (not permitted), granted. 91-UV2-3; 904 East 61st Street (east of site), Variance of use and development standards of the Dwelling District Zoning Ordinance to permit the continued use of a 24 by 28-foot two car garage on a 3,557-square foot lot (5,000 square foot required), denied. MI

*******

50



2020-DV1-019; Sanborn (1915)

51


52


Photo of the proposed northern parcel.

Photo of the existing detached garage with three-foot rear setback to remain.

53

Photo of the proposed southern parcel.

Rear view of the proposed southern parcel.

54

Two-family dwelling to the south.

View of the separation between the existing dwelling and the property to the north.

55

STAFF REPORT


Current Planning Section Case Number: 2020-SE3-001 Address: 3410 McLaughlin Street (approximate address) Location: Perry Township, Council District #24 Zoning: D-A Petitioner: Aung Lai Matu, by Rachael M. Sloop Request: Special Exception of the Consolidated Zoning and Subdivision

Ordinance to provide for religious uses with an off-street parking lot.

ADDENDUM FOR MAY 19, 2020 This petition was continued from the April 21, 2020 hearing to the May 26, 2020 hearing by the Board. No new information has been submitted to the file. ADDENDUM FOR APRIL 21, 2020 Due to lack of quorum, this petition was continued from the March 17, 2020 hearing to the April 21, 2020 hearing. No new information has been submitted to the file. March 17, 2020 RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES LAND USE

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

SURROUNDING ZONING AND LAND USE North - D-3 Single-family dwellings South - D-3 Agricultural / Garden East - D-3 Agricultural / Garden West - D-3 Single-family dwellings

COMPREHENSIVE PLAN The Comprehensive Land Use Plan recommends Suburban

Neighborhood uses for the site.

This petition would provide for a religious use within the existing dwelling and an accessory 28-space parking lot.

(Continued)

56

STAFF REPORT 2020-SE3-001 (Continued)

The subject site is zoned D-A, which is intended for the production, keeping or maintenance, for sale, lease or personal use, of plants and animals and any mutations or hybrids thereof, including a single-family dwelling as a part of such enterprise. A secondary intent of this district is large estate development of single-family dwellings.

LAND USE ISSUES

The Comprehensive Land Use Plan (2017) recommends suburban neighborhood for this site and the surrounding area. “The suburban neighborhood typology is predominately made up of single-family housing, but is interspersed with attached and multi-family housing where appropriate. This typology should be supported by a variety of neighborhood-serving businesses, institutions, and amenities. Natural corridors and natural features such as stream corridors, wetlands, and woodlands should be treated as focal points or organizing systems for development. Streets should be well-connected and amenities should be treated as landmarks that enhance navigability of the development. This typology generally has a residential density of one to five dwelling units per acre, but a higher density is recommended if the development is within a quarter mile of a frequent transit line, greenway, or park.”

◊ While this request would be consistent with the suburban neighborhood recommendation of the

Comprehensive Plan, the Pattern Book provides recommendations for religious uses within certain typologies under certain conditions. A religious use, has additional conditions that should be meet within the suburban neighborhood typology to help limit its impact, specifically:

1. All land use types except small-scale parks and community farms/gardens in this typology must have adequate municipal water and sanitary sewer.

2. All development should include sidewalks along the street frontage.

3. Small-scale places of worship should be located along an arterial street, and if proposed

within one-half mile along an adjoining street of an existing or approved residential development, then connecting, continuous pedestrian infrastructure between the proposed site and the residential development should be in place or provided.

4. Small scale places of worship should also be located within one-half mile of a bus or rapid transit stop, unless there is no or limited bus service within the institution’s service area.

The Department of Public Works mapping information and Citizens Energy both indicate that there is no municipal water or sanitary sewer utility service to this site. Therefore, the site is likely served by well water and septic systems. Typically, residential sewage systems cannot be used for institutional or commercial uses. The Department of Health and Hospital, which oversees septic systems in Marion County, indicates that changing the use of a structure from a residential to a non-residential/commercial structure would require a new permitting process for review of capacity. If the Board should approve this petition, then Staff would request the variance grant be subject to a commitment that the petitioner obtain a commercial on-site sewage system permit from the Marion County Public Health Department prior to the operation of any religious use on the site.

(Continued)

57


This site has no frontage along an arterial street as required, in addition, no connecting pedestrian infrastructure exists nearby, except on Madison Avenue where the nearest bus line is located approximately one mile away.

PLAN OF OPERATION

The submitted plan of operation is limited in scope. The property would be used for religious purposes. No additional information has been provided for activities beyond worship services, prayer service and bible study.

Off-street parking shall be provided as indicated on the site plan. There is no indication if the proposed parking area will be paved and striped, or graveled similar to what currently exists on site.

One employee would be associated with the operation of the proposed religious use facility. There is no indication if the entire site will be used as the religious facility, or if the residential portion would provide overnight accommodations for residents or guests.

Worship services would be conducted on Saturday evening, Sunday morning, and Sunday evening. In addition, religious activities such as prayer service and bible study would occur Monday through Friday. No specific hours are given, or specific number of worshipers.

Considering the unknown number of worshipers, size and number of seats in the religious facility, McLaughlin Street could be easily overwhelmed. Any increase in traffic on a local street from religious service attendees would severely impact the adjoining neighborhood. The Comprehensive Plan Pattern Book does recommend that small-scale places of worship be located along an arterial street for this reason.

SPECIAL EXCEPTION

Religious use facilities are permitted within any dwelling district by the grant of a special exception, which must include findings that indicate “the adverse impact on the public health, safety, morals, and general welfare caused by the grant does not outweigh the restriction on the petitioner’s right to worship and peaceful assembly” and that it “will not materially and substantially interfere with the lawful use and enjoyment of adjoining property”.

The subject site is located at the terminus of a dead-end local street, on which the site has minimal frontage. Property within the D-A District is required to maintain 125 of street frontage, however, the subject site only has 50 feet of frontage. The subject site did receive a variance (86-UV2-143), to provide for the construction of a single-family dwelling on a property without frontage on a public street. That variance was limited to a single-family dwelling.

Given this lack of required street frontage on a parcel for a religious use, particularly at the terminus of a dead-end street, Staff has concerns regarding adequate access and vehicular traffic associated with the proposed increase in land use intensity.

(Continued)

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It is unclear whether or not religious services would be provided exclusively indoors or not. The plan of operation, file-dated February 6, 2020, does not indicate where activities would occur. Staff would request that, if approved, an amended plan of operation be submitted to prohibit outdoor functions or activities in order to reduce any negative impacts upon the residential neighborhood.

The site plan, file-dated February 6, 2020, does not indicate if the parking area would be paved or not. Upon Staff’s site visit as seen in the staff report pictures, the existing parking area is graveled. Staff would note that religious use facilities, permitted within the commercial districts and the SU-1 District, are required to hard surface all parking areas. As such, Staff would request that, if approved, the parking area be hard surfaced.

Additionally, staff would note that the filed site plan does not indicate the number of seats in the place of worship. Religious use facilities are required to provide either one space per four seats in the place of worship, or one per 1,000 square feet, whichever is greater. The 27 parking spaces would provide enough parking for 108 congregants, or for a 27,000-square foot facility. Therefore, Staff believes the proposed parking may be excessive, and should reflect the amount required that is proportional to the number of seats or size of the worship facility.

Summarily, in Staff’s opinion, permitting a religious use at the end of a dead-end street with deficient access and with no municipal water and sanitary sewer utilities would be wholly inappropriate, particularly considering the general increase of intensity on a very low-density residential area.

GENERAL INFORMATION

THOROUGHFARE PLAN This portion of McLaughlin Street is designated as a local street on the Official Thoroughfare Plan, with a 25-foot existing and proposed half right-of-way.

SITE PLAN File-dated February 6, 2020

LANDSCAPE PLAN

FINDINGS OF FACT

File-dated February 6, 2020

File-dated February 6, 2020 ZONING HISTORY 2016-DV3-013; 3420 Gravelie Drive (south of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance, to provide for a 2,208-square foot pole barn, granted. 2007-DV1-051; 7238 Hearthstone Way (south of site), requested a variance of Development Standards of the Dwelling Districts Zoning Ordinance to provide for a single-family dwelling on a 0.43-acre lot, with 85-feet of street frontage, with 85-feet of lot width at the required front setback, with a 9.75-foot north side setback, and a 22.25-foot side yard aggregate, granted. (Continued)

59

STAFF REPORT 2020-SE3-001 (Continued) 99-V3-86; 7315 McFarland Road (south of site), requested a variance of Development Standards of the Dwelling District Zoning Ordinance to provide for construction of a 15 by 22.25-foot addition to an existing single-family residence, which extends 6 feet into a drainage easement, granted. 97-CP-20P; 3402 Gravelie Drive (south of site), requested the approval of a subdivision plat to be known as Cheatham’s Landing, dividing 8.787 acres into 2 lots with a waiver of sidewalks, topographic and preliminary drainage plan submittal and approval and bonding requirements, granted. 97-CP-20Z; 3402 Gravelie Drive (south of site), requested the rezoning of 2.2 acres, from the D-A District, to the D-3 classification to provide for a single-family residential development, granted. 88-UV3-116; 7306 Hearthstone Way (south of site), requested a variance of Use and Development Standards of the Marion County Master Plan Permanent Zoning Ordinance to provide for the construction of a second garage with a side setback of five feet, granted. 86-UV2-143; 3410 McLaughlin Street (subject site), requested a variance of development standards of the Marion County Master Plan Permanent Zoning Ordinance to provide for the construction of a single-family residence on a property without frontage on a public street. Access will be provided from a gravel drive connecting the subject property with McLaughlin Street, granted. RU *******

60

STAFF REPORT 2020-SE3-001 (Continued) 2020-SE3-001: Location Map

61

2020-SE3-001: Site Plan

62

2020-SE3-001: Plan of Operation

63

2020-SE3-001: Photographs

View of entrance to subject site from McLaughlin Street, looking east.

View of subject site with existing single-family dwelling and existing gravel parking lot in area of

proposed parking lot expansion, looking north.

64

View of existing gravel parking lot in area of proposed parking lot, looking north.

View of existing side yard, in area of proposed parking lot expansion, looking north.

65

View of adjacent single-family dwellings to the west of subject site, looking northwest.

View of adjacent single-family dwellings to the west of subject site, looking south.

66

STAFF REPORT


Current Planning Section Case Number: 2019-DV3-044 (Amended) Address: 6139 West 79th Street (approximate address) Location: Pike Township, Council District #1 Zoning: C-S Petitioner: Becknell Industrial LLC, by Joseph D. Calderon Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for loading docks in the front yard of Woodland Drive (not permitted) and to provide for off-site parking for the use located at 7676 Interactive Way (not permitted).

ADDENDUM FOR MAY 19, 2020 This petition was continued from the April 21, 2020 hearing to the May 26, 2020 hearing by the Board. No new information has been submitted to the file. ADDENDUM FOR APRIL 21, 2020 Due to lack of quorum, this petition was continued from the March 17, 2020 hearing to the April 21, 2020 hearing. No new information has been submitted to the file. ADDENDUM FOR MARCH 17, 2020 This petition was continued at the request of the petitioner, from the February 18, 2020, hearing to the March 17, 2020 hearing. February 18, 2020 This petition was automatically continued by a remonstrator, from the January 21, 2020, hearing to the February 18, 2020 hearing. RECOMMENDATIONS Staff recommends approval of this petition, subject to the following commitment:

1. The variance grant shall be subject to a final site plan, to be submitted for Administrator’s Approval prior to the issuance of an Improvement Location Permit. The updated site plan, at a minimum, shall provide for a crosswalk across Interactive Way, and a connecting walkway from the west side of Interactive Way to the front door area of the 7676 Interactive Way building.

(Continued)

67


2. The variance grant shall be subject to a final landscape plan, to be submitted for Administrator’s Approval prior to the issuance of an Improvement Location Permit. The updated landscape plan, at a minimum, shall provide a significant number of trees to compensate for the anticipated removal of a number of Heritage trees onsite. Landscaping shall be installed no later than May 31, 2021 and maintained thereafter.

SUMMARY OF ISSUES LAND USE

EXISTING ZONING AND LAND USE

C-S Undeveloped


North - I-1 Warehouses South - C-S Office Commercial Structure East - C-S Office Commercial Structure West - C-S Office Commercial Structure

COMPREHENSIVE PLAN Recommends Office Commercial


The Consolidated Zoning and Subdivision Ordinance prohibits loading areas to be in front of the primary building. This is due primarily to traffic conflicts created by activities along public streets and their poor aesthetic qualities.

The proposed site is surrounded by streets on all sides; by West 79th Street to the north, Innovation Boulevard to the west and south, and Woodland Drive to the east. A practical difficulty is recognized in this instance since the site is fronted on all four sides by streets.

Due to the practical difficulty of the lot orientation towards four frontages, the proposed loading docks in the front yard of Woodland Drive, would be an acceptable deviation of the Ordinance.

OFF SITE PARKING

The submitted conceptual site design shows the development of the site with a 148,200-square foot building, with 112 parking spaces to the west of the building, and an additional approximately 158 parking spaces to the south of the building, to be used as off-site parking for an adjacent use located at 7676 Interactive Way.

(Continued)

68


The provision of off-site parking in the Metro context is not allowed by the Ordinance, and a Variance of Development Standards would be needed to provide for these off-site parking spaces. The conceptual site plan includes a crosswalk connecting existing and proposed sidewalks. Staff would also request a connecting walkway from the west side sidewalk to the front door area of 7676 Interactive Way, in order to provide for safe connection between the proposed off-site parking area, and the adjacent use across Interactive Way. Therefore, Staff is requesting a final site plan to be submitted for Administrator’s Approval.

The requested off-site parking for 7676 Interactive Way, is due largely to 7676 Interactive Way being developed for a specific user, with the minimum parking requirements of one parking space for 350 total floor area square footage. The off-site parking will provide for the maximum allowed in the Metro context area of one parking space for 200 total floor area square footage. Staff, therefore, believes the request would be a supportable deviation from the Ordinance.

GREEN FACTOR

Staff is concerned that the subject site is heavily wooded, and contains approximately 98 Heritage trees. The petitioner has calculated the replacement of the existing 98 Heritage trees at 906 trees.

No landscape plan has been submitted showing the intent to preserve any of the Heritage trees, and the submitted conceptual site plan does not indicate the preservation of any Heritage trees. Staff believes a number of the existing Heritage trees can possibly be preserved and incorporated into the site design, or the site design should be amended to address this. Therefore, Staff is requesting a final landscape plan to be submitted for Administrator’s Approval.

The conceptual site plan does show the relocation of an existing stream on the site to the eastern boundary, in addition to a naturalized area.

Therefore, Staff’s recommendation of approval of the request, does not indicate approval of the conceptual site plan, or any future variance requests for the reduction of the Green Factor requirements.

(Continued)

69

STAFF REPORT 2019-DV3-044 (Continued) GENERAL INFORMATION

THOROUGHFARE PLAN This section of West 79th Street is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary collector, with a 54-foot existing and proposed half right-of-way.

This section of Woodland Drive 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.

The section of Innovation Boulevard to the south is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 50-foot existing and proposed half right-of-way.

The section of Innovation Boulevard to the west is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 25-foot existing and proposed right-of-way.

SITE PLAN (AMENDED) File-dated February 6, 2020.

FINDINGS OF FACT File-dated December 17, 2019.

ZONING HISTORY 2017-DV3-027; 6139 West 79th Street (subject site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for loading docks in the front yard of Woodland Drive, withdrawn. 2015-DV1-014; 7702 Woodland Drive (south of site), requested a variance of development standards of the Sign Regulations to provide for a 12-foot tall, 50-square foot sign, within the right-of-way of Innovation Boulevard, granted. 2010-MOD-005; 7820 Innovation Boulevard (west of site), requested a modification of the site plan related to 87-Z-247A to provide for a 61,342-square foot laboratory addition in Area Four, approved. 2002-DV2-006; 6024-6108 West 79th Street (north of site), requested a variance of development standards of the Industrial Zoning Ordinance to provide for a parking and maneuvering area located 77 feet from the centerline of 79th Street, granted. 87-Z-247A; 7301 Zionsville Road (includes site), requested rezoning of 352.45 acres to C-S to provide for a mixed-use complex, approved. RU *******

70

STAFF REPORT 2019-DV3-044 (Continued) 2019-DV3-044: Location Map

71

2019-DV3-044: Conceptual Site Plan (Amended)

72

2019-DV3-044: Photographs

View of existing Woodland Drive frontage looking northwest

View of existing Innovation Boulevard frontage looking southeast

73

View of existing South Innovation Boulevard frontage looking north

View of adjacent office structure from South Innovation Boulevard, looking south.

74

View of adjacent office structure at 7777 Woodland Drive to the east, looking south.

View of adjacent warehouse structure to the north of West 79th Street.

75

View of adjacent office structure at 7820 Innovation Boulevard to the west.

View of adjacent office structure at 7676 Innovation Boulevard to the west, looking southwest.

76

STAFF REPORT



Case Number: 2020-DV3-001 Address: 2050 Carrollton Avenue (approximate address) Location: Center Township, Council District #17 Zoning: D-8 Petitioner: Breedy B LLC, by David Kingen and Justin Kingen Request: Variance of development standards of the Consolidated Zoning and

Subdivision Control Ordinance to provide for an 895-square foot secondary dwelling (maximum 720-square foot secondary dwelling permitted).

ADDENDUM FOR MAY 26, 2020 This petition was continued and transferred from the May 12, 2020 hearing of Board I to the May 26, 2020 hearing at the request of staff. No additional information has been provided to the file. ADDENDUM FOR APRIL 21, 2020 Due to lack of quorum, this petition was continued from the March 17, 2020 hearing to the April 21, 2020 hearing. No new information has been submitted to the file. March 17, 2020 This petition was continued for cause by the petitioner, from the February 18, 2020, hearing to the March 17, 2020 hearing.

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-8 Compact Residential (Single-Family) SURROUNDING ZONING AND LAND USE North D-8 Residential (Single-Family) South D-8 Residential (Single-Family) East D-8 Residential (Single-Family) West D-8 Residential (Multi-Family)

(Continued)

77


COMPREHENSIVE PLAN The Marion County Land Use Plan (2019) recommends Traditional Neighborhood Uses.

REDEVELOPMENT AREA Monon and 16th Redevelopment Area

This site is comprised of two parcels, with a combined area of 10,800 square feet. The existing structure is a two-story, single-family dwelling. The front yard has an existing metal fence with brick pillars, and the rear yard has an existing wooden privacy fence with a latched gate. There is an existing curb cut on Carrolton Avenue that was recently reconstructed, and a concrete driveway and parking pad.

The property is zoned D-8. This district is intended for older, developed urban areas and allows for all forms of residential development except mobile dwellings. This district is designed to provide a range and mixture of housing in inner-city neighborhoods, and along established residential/commercial corridors. The typical density ranges from five to twenty-six units per acre.


This request would provide for an 895-square foot secondary dwelling over a detached three-car garage.

The variance request is the result of the desire to construct a three-car garage with a full second story, with a large parking pad in front. The size of the secondary dwelling could be reduced to 720 square feet by modifying the design of the detached garage. Staff would not support a variance with no practical difficulty.

This property is comprised of two platted parcels. The undeveloped southern lot could be developed with a single-family dwelling, eliminating the need for a variance for a secondary dwelling over 720 square feet. The D-8 district requires a dwelling have a minimum floor area of 800 square feet. The proposed dwelling is 895 square feet and meets all setback requirements for a primary structure. If an improvement location permit was submitted for a single-family dwelling with a separate address rather than a secondary dwelling, no variance would be needed. The variance request is the result of a desire to provide three enclosed parking spaces and additional surface parking for what is essentially two primary dwellings.

Although the dimensions meet standards for the D-8 district, the proposed accessory structure is not consistent with the neighborhood character. Only one other property on the 2000 block of Carrolton Avenue has a driveway in the front yard. All other properties are accessed by alleys. Furthermore, all other accessory structures are located directly behind the primary dwelling. This garage is accessed from an existing curb cut on the street frontage, with an overhead garage door facing the street rather than the alley, and a 76-foot front setback that is unobstructed from view from the street. This type of development is typical of suburban areas, not traditional urban neighborhoods as recommended by the comprehensive plan. Staff would not support granting a variance that would permit this type of development that conflicts with the comprehensive plan.

(Continued)

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GENERAL INFORMATION THOROUGHFARE PLAN Carrollton Avenue is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a Local Street with a 50-foot existing and proposed right-of-way.

SITE PLAN File-dated January 8, 2020 FINDINGS OF FACT File-dated January 8, 2020 ZONING HISTORY – SITE

PREVIOUS CASES: None

ZONING HISTORY – VICINITY

24-V-178, 2034 Bellefontaine Street, variance to remodel an existing barn for a hand laundry, approved.

34-V-16, 2034 Bellefontaine Street, variance to convert an existing residence to a grocery store, denied. 83-UV2-120, 2003 North College Avenue, variance to allow the construction of a locksmith with no off-street parking that complies with ordinance standards and with transitional yard encroachment in a D-8 district, denied.

90-AP-181, 2000 North College Avenue, approval of a 3 to 4-unit dwelling in a Park District, approved.

94-AP-118, 2056 North College Avenue, approval of a basement remodel in a Park District, approved.

94-AP-26, 2008 North College Avenue, approval of a manufactured home in a Park District, approved.

95-UV3-89, 1953 North College Avenue, variance to provide for a private social club with 10 parking spaces in a C-3 district, denied.

97-UV1-29, 701 East 21st Street, variance to permit a counseling service in a D-8 district, approved.

97-UV3-84, 2017 Carrollton Avenue, variance to permit placement of a trailer, denied.

2002ZON073, 2101 North College Avenue, rezoning from the D-8 district to the C-S district, withdrawn.

2006HOV064, 2001 North Carrollton Avenue, variance to provide for construction of a single-family dwelling with a fifteen-foot front setback from Carrollton Avenue and a 7.5-foot setback from 20th Street, and to provide for a 484-square foot detached accessory building with a 9.5-foot setback from 20th Street, approved with conditions.

2007HOV012, 801 East 20th Street, variance to provide for the construction of a single-family dwelling with a fifteen-foot front setback from the existing right-of-way of Carrollton Avenue, and a six-foot front setback from the existing right-of-way of 20th Street, and to provide for the construction of a detached garage with a twelve-foot front setback from the existing right-of-way of 20th Street, and within the 25-foot clear sight triangle of the intersection of East 20th Street and Carrollton Avenue, approved.

(Continued)

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2007HOV013, 1960 Bellefontaine Street, variance to provide for the construction of a single-family dwelling with a 7.5-foot front setback from the existing right-of-way of East 20th Street, and a fifteen-foot front setback from the existing right-of-way of Bellefontaine Street, and within the 25-foot clear sight triangle of the intersection of East 20th Street and Bellefontaine Street, approved. 2015DV1020, 2101 North College Avenue, variance to provide for a 48-unit multi-family development with a floor area ratio of 5.19, with a parking ratio of 0.00, with an open space ratio of 0.121, with a livability space ratio of 0.101, with a major livability space ratio of 0.00, with a 10-foot north side yard, and with 12 off-site parking spaces and maneuvering within the right-of-way of 21st Street, and with five on-site parking spaces with maneuvering within the right-of-way, approved.

2015DV1063, 2101 North College Avenue, variance to provide for a 48-unit multi-family development with an existing building height of 57 feet, a building addition with a maximum height of 57 feet, and an eight-foot north side yard (10-foot side yard permitted by 2015-DV1-020), approved.

2017DV2039, 2001 Carrollton Avenue, variance to legally establish an eight-foot tall fence, denied.

2017PLT049, 2116 North College Avenue, approval of a Subdivision Plat, to be known as Replat of Lot 106 in Bruce Place Addition, dividing 0.27 acre into two single-family attached lots, approved.

2018DV1045A, 724 East 21st Street, variance to provide for two single-family dwellings with four-foot front setbacks and eight feet between dwellings, with one dwelling (724) having a three-foot side setback, a six-foot rear setback and the second dwelling (728) having a nine-foot rear setback and 50 percent open space, approved.

2018DV1045B, 724 East 21st Street, variance to provide for 46 percent open space, approved.

2018DV2028, 2029 North College Avenue, variance to legally establish a multi-family building with a four-foot front setback from the proposed right-of-way, with a one-foot north side setback and 17 feet between multi-family buildings, and to provide for a multi-family building with a five-foot front setback from the proposed right-of-way and a 20-foot south side setback, and to permit a 0.95 floor area ratio for the project, approved.

2019DV2029, 714 East 20th Street, variance to provide for a single-family dwelling and attached garage with a six-foot front setback, three-foot rear setback, and the main floor with less than 660 square feet, approved.

AR *******

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81


82


2050 Carrollton Avenue, facing west

Proposed carriage house location. Existing rear and side yard fence.

View of front yard and neighboring properties east and northeast of site

83

Proposed carriage house location. Existing fence in rear yard and neighboring multi-family apartments

Proposed location of carriage house, facing south

View of site facing southeast

84

Neighboring properties east and southeast of site

Properties north of site

Properties south of site, 2042 Carrolton shown right also has an existing driveway

85

View of alley, facing north

View of subject site from alley, gate shown left

View of alley, facing south

86

STAFF REPORT


Current Planning Section Case Number: 2020-DV3-003 Address: 325 West Morris Street and 350 Kansas Street (approximate address) Location: Center Township, Council District #16 Zoning: I-3 and C-S Petitioner: Brad Pierson, by David E. Dearing Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a seven-foot tall fence in the front yard (maximum 3.5-foot and six-foot tall fence permitted).

ADDENDUM FOR MAY 19, 2020 This petition was continued from the April 21, 2020 hearing to the May 26, 2020 hearing by the Board. No new information has been submitted to the file. The petitioner has requested a continuance for cause from the May 19, 2020 hearing, to the June 16, 2020. Staff as no objection to the continuance request. ADDENDUM FOR APRIL 21, 2020 Due to lack of quorum, this petition was continued from the March 17, 2020 hearing to the April 21, 2020 hearing. No new information has been submitted to the file. March 17, 2020 This petition was automatically continued by the petitioner, from the February 18, 2020, hearing to the March 17, 2020 hearing. RECOMMENDATIONS Staff recommends denial of the variance request. Staff would recommend approval of the seven-foot tall fence, if the fence would be buffered on the outside with a six-foot wide solid year around (evergreen) landscaping strip along the northern, eastern, and southern boundaries. Such landscape buffer shall be a minimum of seven feet tall, and installed no later than September 30, 2020.

(Continued)

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STAFF REPORT 2020-DV3-003 (Continued) SUMMARY OF ISSUES LAND USE EXISTING ZONING AND LAND USE

C-S / I-3 Automobile Storage / Impound Lot


North - C-S Industrial uses South - I-3 Industrial uses East - D-5 / D-8 Single-family dwellings / undeveloped land West - I-4 Industrial uses

COMPREHENSIVE PLAN The Comprehensive Plan (2017) recommends community commercial uses for the site.

Petition 2010-UV1-004 provided for a temporary off-street parking lot as a primary use for five years. Petition 2010-MO1-001 extended this primary use from five to 10 years, expiring on July 31, 2020. 2003-ZON-121 rezoned this site to the C-S classification to provide for all C-3C, C-ID and I-1-U uses

VARIANCE OF DEVELOPMENT STANDARDS ◊ This request would provide for a seven-foot tall fence in the front yards of Morris Street and

Kansas Street. For the portion of the parcel zoned 1-3, the fence would be limited to a maximum permitted height in a front yard of six (6) feet. For the portion of the parcel zoned C-S, the fence would be limited to a maximum permitted height in a front yard of 3.5 feet. The site plan and site visit confirmed that a seven-foot tall chain link fence is installed on the perimeter of the site with a vinyl fence covering, and without any landscaping to buffer and mitigate the impact of the fence.

◊ The need for the seven-foot tall fence, as stated by the petitioner’s representative, relates to the

safety and security of the vehicles that would be stored on the site. Staff understands the need for security, but a chain link fence without any buffering is not supportable. The property owner has indicated their intent to remove the existing vinyl fence covering if the Variance is granted.

◊ The Ordinance makes it explicitly clear that the proposed seven-foot fence should not be located

in the front yard, because of the negative impact it would bring into the neighborhood. Staff, therefore, believes that a minimum six-foot wide landscaping strip should be installed along the northern boundary (West Morris Street frontage), the eastern boundary abutting the north/south alley separating the site from the adjacent protected district residential uses and the southern boundary along Kansas Street. This screening should be a solid year around evergreen and at least as tall as the existing seven-foot tall fence to provide the most effective buffer for the neighborhood to the east and an improved streetscape along West Morris Street.

(Continued)

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STAFF REPORT 2020-DV3-003 (Continued) GENERAL INFORMATION

THOROUGHFARE PLAN This portion of West Morris Street is designated in the Marion County Thoroughfare Plan as a primary arterial, with an existing 65-foot right-of-way and a proposed 78-foot right-of-way.

This portion of Kansas Street is designated in the Marion County Thoroughfare Plan as a local street, with an existing and proposed 50-foot right-of-way.

CONTEXT AREA This site is located in the compact context area.

FLOODWAY / FLOODWAY FRINGE

This site is not within a floodway or floodway fringe.

SITE PLAN File-dated January 13, 2020

FINDINGS OF FACT File-dated January 13, 2020

ZONING HISTORY 2018-CZN-820/2018-CVR-820; 325 West Morris Street (subject site), requested the rezoning of 1.218 acres from the C-S district to the C-S classification to provide for truck and trailer parking in addition to the previously approved C-3C, C-ID and I-1 uses, withdrawn. Requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a seven-foot tall fence in the front and side yards, withdrawn. 2015-DV1-066; 203 West Morris Street (east of site), requested a variance of development standards of the Industrial Zoning Ordinance to provide for a parking lot 20 feet from the proposed right-of-way line, granted. 2010-UV1-004; 229 and 324 West Morris Street (includes a portion of site), requested a variance of use and development standards of the Commercial Zoning Ordinance to provide for a temporary off-street, off-site parking lot as a primary use for a period of five years (parking lot is not permitted as a primary use, and with the parking lots with reduced setbacks and no landscaping, granted. 2007-DV1-009; 1420 South Senate Avenue (south of site), requested a variance of development standards of the Industrial Zoning Ordinance to provide for the construction of a 2,340-square foot building with a 4.33-foot front yard setback from the right-of-way of Wisconsin Street and to provide for the construction of a 3,000-square foot building with a zero-foot west side yard setback, in I-4-U, granted.

(Continued)

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STAFF REPORT 2020-DV3-003 (Continued) 2007-DV1-061; 321 West Wisconsin Street (south of site), requested a variance of the Industrial Zoning Ordinance to provide for the construction of a 2,340-square foot building with a 4.33-foot front setback from the proposed right-of-way of Wisconsin Street and to provide for the construction of a 3,700-square foot building with 8.33-foot front setback from the proposed right-of-way of Wisconsin Street and a zero-foot west side setback, granted. 2005-ZON-136; 229(325) and 324 West Morris Street (includes portion of subject site), requested a rezoning of 2.9 acres from C-S to C-S to provide for a kennel, with outside pet exercise areas, in addition to all C-3C, C-ID, and I-1-U uses, approved. 2003-ZON-121; 229, 324 and 349(325) West Morris Street (includes portion of subject site), requested a rezoning of 2.9 acres from I-3-U to C-S to provide for all C-3C, C-ID and I-1-U uses, approved. 2001-VAC-047; 317-329 West Morris Street (subject site), requested a vacation of the first east-west alley located south of Morris Street, being 15 feet in width. Approved. RU *******

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STAFF REPORT 2020-DV3-003 (Continued) 2020-DV3-003: Location Map

91

2020-DV3-003: Site Plan

92

2020-DV3-003: Photographs

Subject site Morris Street frontage, looking southwest

Subject site Morris Street frontage, looking southeast

93

Subject site frontage, looking east along West Morris Street

Subject site along north/south alley separating the site from the residential uses to the east,

looking north

94

Subject site Kansas Street frontage, looking west

Adjacent industrial uses to south, looking southeast

95

Adjacent residential neighborhood protected district abutting to the east, looking south

Adjacent community commercial uses to the north, looking east.

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STAFF REPORT



Case Number: 2020-DV3-007 Address: 5653 Brendon Way West Drive (approximate address) Location: Lawrence Township, Council District #4 Zoning: D-6 Petitioner: Fall Creek Owner LLC, by Cindy Thrasher Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a 24-foot tall, 240-square foot pole sign with a two-foot front setback (pole sign not permitted, six-foot height, 40-square foot and 10-foot front setback).

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-6 Metro Residential (Multi-Family) SURROUNDING ZONING AND LAND USE North PK-1 Woolens Gardens Park South D-2 Residential (Single-Family) East D-7 Residential (Multi-Family) West D-S Undeveloped COMPREHENSIVE PLAN The Marion County Land Use Plan (2019) recommends 8 to 15

residential units per acre and has a wellfield protection overlay. AREA PLAN Millersville-Fall Creek Valley Plan

This site is a multi-family development consisting of several two-story residential structures, accessory parking areas and open space. The east property boundary line is boarded by Interstate-465 and has a sound wall. North of the property is Fall Creek and Woolens Garden Park district. West of the property is undeveloped. The southern property line is boarded by East 56th street, with single-family dwellings to the south.

This property is zoned D-6. The D-6 district provides for medium intensity residential development of a variety of housing types: multifamily dwellings, triplex, fourplex, two-family and single-family attached dwellings. The district is intended for developments in suburban areas well served by major thoroughfares, sanitary sewers, and school and park facilities.

(Continued)

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This request would provide for a 24-foot tall, 240-square foot pole sign with a two-foot front setback in a D-6 district.

The sign ordinance permits monument signs only for residential districts. The maximum sign height is six feet and the maximum sign area is forty square feet. This request is for a much taller and larger sign that would be constructed in addition to the existing entry signs along 56th Street. Staff would not support a variance for a sign that deviates significantly from the ordinance.

The subject site has existing entry signs oriented to 56th Street. The request is the result of the applicant’s desire to erect an on-site advertising sign oriented to the interstate and visible above the sound wall. Staff would not support a variance that does not have a practical difficulty.

This site has applied for a similar variance in the past that was also denied. See zoning history below for 2014-UV1-010. Staff would not support a variance for a request that was previously denied for lack of a practical difficulty. Additionally, because this previous request was denied, an additional finding of fact needs to be submitted indicating that a “substantial change in the particular circumstances that induced the prior denial has occurred.” Without the submittal of this finding, this petition cannot be approved. In Staff’s opinion, this petition is the same as the previous petition, except this request requests to be one foot taller and an increase of 50 square feet in sign area, so there is no justification for this petition to be granted, as there continues to be no practical difficulty related t to this petition.

GENERAL INFORMATION THOROUGHFARE PLAN Brendon Way West Drive is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a local private street.

I-465 is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a Freeway with an existing 430-foot right-of-way.

56th Street is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a Primary Arterial with an existing and a proposed 310-foot right-of-way.

SIGN ELEVATION File-dated March 9, 2020 SITE PLAN File-dated March 9, 2020 FINDINGS OF FACT File-dated March 9, 2020

(Continued)

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STAFF REPORT 2020-DV3-007 (Continued) ZONING HISTORY – SITE PREVIOUS CASES: 2014-UV1-010, variance to legally establish a four-foot tall, 32-square foot, off-site ground sign within the right-of-way at the northeast corner of Brendon Way, West Drive and 56th Street, being approximately 70 feet north of the centerline of 56th Street and 45 feet east of the centerline of Brendon Way, West Drive, and to provide for a 23-foot tall 192, square foot freestanding sign located approximately two feet from the right-of-way line of Interstate 465, denied. 2018-HOV-080, variance to provide for a gatehouse in front of the established building line of the primary buildings, approved. ZONING HISTORY – VICINITY 78-A1-4, 6502 East 56th Street, appeal of an improvement location permit, denied. 86-Z-102, 5602 Caito Drive, City of Lawrence, rezoning from the C-2 district to the C-3 district, withdrawn. 88-Z-176, 5602 Caito Drive, City of Lawrence, rezoning from the C-2 district to the SU-6 district, approved. 96-Z-252, 6630 East 56th Street, rezoning from the D-S district to the D-2 district, denied. 2005-ZON-141, (2005-DP-010), 6630 East 56th Street, rezoning from the D-S (W-5) District to the D-P (W-5) district, and to provide for the construction of 39 single-family dwellings at 1.84 units per acre, withdrawn. 2005-ZON-850 & 2005-PLT-850, 6630 E 56th Street, previously 2005-ZON-141), rezoning of 21.237 acres, being in the D-S (W-5) District to the D-P (W-5), and to provide for 43 single-family dwellings, withdrawn. 2009-ZON-015, 5840 Caito Drive, City of Lawrence, rezoning from the SU-7 district to the SU-2 district, approved. 2010-HOV-033, 6630 East 56th Street, variance to provide for a memorial sign within the right-of-way of East 56th Street, withdrawn. 2014-UV3-004, 5421 Clader Way, variance to legally establish a four-foot tall, 25.6-square foot ground sign at the southeast corner of the right-of-way intersection of Old Colony Road and 56th Street, being 24 feet east of the centerline of Old Colony Road and 51.8 feet south of the centerline of 56th Street, withdrawn. AR *******

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2020-DV3-007; Sign Elevation

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101


Approximate sign location, facing south

Existing apartment buildings

Brendon Way, facing south

102

Existing freestanding sign oriented to 56th Street, facing southeast

View of sound wall from I-465 northbound

103

STAFF REPORT


Current Planning Section Case Number: 2020-DV3-011 Address: 3317 Graceland Avenue (approximate address) Location: Center Township, Council District #9

Zoning: D-5 Petitioner: David A. Hoeft, by Sarah Walters Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the construction of a single-family dwelling with 56% open space (60% open space required).

RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES LAND USE EXISTING ZONING AND LAND USE

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

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

COMPREHENSIVE PLAN The Comprehensive Plan recommends traditional neighborhood

uses for the subject site, with an overlay for the Red Line Transit Oriented Development.


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 providing for storm water absorption, and discouraging the overdevelopment of lots, and the resulting cluttered appearance that would negatively impact adjacent property owners.

The petitioner’s findings of fact indicate that the lot size is small and limited, making it difficult to add to the footprint without a variance. The petitioner’s findings of fact are incorrect, in that the subject site is approximately 5,280 square feet, where the Ordinance requires a minimum of 5,000 square feet for the D-5 zoning district.

(Continued)

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There is no practical difficulty associated with the subject site that would warrant the grant of this variance. The subject site has no natural or manmade physical obstacles that would prohibit compliance with the required open space requirements of the Ordinance. Given that there is no practical difficulty associated with this site, the site layout or the types of structures placed on this property should be adjusted to accommodate the open space requirements. The size, scale and location of the dwelling addition, could be adjusted to meet the standards of the Ordinance.

The need for 56% open space is a self-imposed hardship due to the planned expansion of the footprint of the existing dwelling structure on site, from 1,208 square feet to 2,069 square feet 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 adjacent properties are able to meet the Ordinance requirements. Any practical difficulty is self-imposed by the desire to increase the existing dwelling footprint by 42% to accommodate a larger dwelling structure, and provide for eleven bedrooms with eleven bathrooms, as indicated on the submitted floor plans.

GENERAL INFORMATION THOROUGHFARE PLAN This portion of Graceland Avenue is classified in the Official

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

CONTEXT AREA This site is located in the compact context area

SITE PLAN File-dated April 15, 2020.

FINDINGS OF FACT File-dated April 15, 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. 2015-HOV-017; 3255 Graceland Avenue (south of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a single-family dwelling with a 10-foot and 12.75-foot front setbacks from Capitol Avenue and 33rd Street, respectively, and a single-family dwelling, with 21-foot and 11.25-foot front setbacks from Graceland Avenue and 33rd Street respectively, granted. 2014-HOV-020; 3201 Graceland Avenue (south of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a single-family dwelling and detached garage, with a 22-foot front setback from 32nd Street, granted. 2013-HOV-032; 3248 North Kenwood Avenue (east of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a single-family dwelling, with a 10-foot front setback from Kenwood Avenue and an 11-foot setback from 33rd Street, granted.

(Continued)

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STAFF REPORT 2020-DV3-011 (Continued) 2012-HOV-011; 3302 North Kenwood Avenue (east of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a seven-foot front setback from 33rd Street, granted. 2012-DV2-016; 3204 North Capitol Avenue (south of site), requested a variance of of development standards of the Dwelling Districts Zoning Ordinance to provide for a single-family dwelling, with a 13.5-foot front setback from 32nd Street and an off-street parking area, with a zero-foot front setback from 32nd Street, granted. 2007-DV1-064; 3244 North Kenwood Avenue (east of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to legally establish a six-foot tall fence in the required front yard along North Kenwood Avenue, granted. 2002-DV3-039; 3201 North Kenwood Avenue (east of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a 2,060-square foot, single-family dwelling with zero square feet of main floor living area, granted. RU *******

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107

2020-DV3-011; Site Plans Proposed 2,069 square foot New Single-Family Dwelling:

Original or Existing 1,208 Square Foot Single-Family Dwelling:

108


Subject site, looking east.

Rear of subject site, looking northwest

109

Adjacent property to the south of subject site, looking east.

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

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STAFF REPORT


Current Planning Section Case Number: 2020-DV3-012 Address: 375 South Franklin Road (approximate address Location: Warren Township, Council District #18 Zoning: D-2 Petitioner: Eusebia Molina, by Sarah Walters Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for additions to an existing single-family dwelling and garage with a 0.5-foot north side setback (seven-foot side setback required).

RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-2 Metro Single-family dwelling SURROUNDING ZONING AND LAND USE North D-2 Single-family dwelling South D-2 Single-family dwelling East D-2 Single-family dwelling West D-A Boat Storage COMPREHENSIVE PLAN The Comprehensive Plan recommends suburban neighborhood

development.

The 2.22-acre subject site is currently developed with a single-family dwelling, detached garage and chicken coop.


The grant of this petition would allow for the construction of a house addition with a deficient 0.5-foot north side setback.

(Continued)

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Per Table 744-201-1, the required side yard in the Metro Context Area within the D-5 district is seven feet. The request would propose a 0.5-foot north side setback for a house addition. Typically, new construction is limited to no more than 50 percent of the existing length along a non-conforming setback. The proposed addition would exceed this limitation.

The D-2 district requires a minimum lot width of 80 feet where the subject property consists of 121 feet 11 inches in lot width. The required minimum lot area for a single-family detached dwelling is 15,000 square feet and the subject site measures approximately 97,117 square feet. The site is large enough to accommodate the required seven-foot north side setback since nothing would prevent the addition to be moved seven feet south. The gravel driveway to the south would not need to be preserved since it can easily be relocated.

The petitioner stated they wish to use the existing slab between the house and the garage for the new construction. However, this decision to maintain said slab is what is preventing them from meeting the Ordinance. Although the slab would be maintained, a new footing and foundation wall is required for the construction of the addition as seen on the proposed foundation plan. This would add an additional eight-inch encroachment into the non-conforming north side setback. The proposed floor plan better depicts this encroachment as the addition would not be aligned with the existing dwelling.

The strict application of the terms of the Zoning Ordinance would not result in a practical difficulty in the use of the property since the lot is large enough to accommodate the required seven-foot side setback. Any difficulty for development of the site is simply self-imposed. For this reason, staff is recommending denial of this request.

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

for Marion County, Indiana as a primary arterial street, with a 34-foot existing right-of-way and a 90-foot proposed right-of-way.

EXISTING SITE PLAN File-dated April 15, 2020. PROPOSED SITE PLAN File-dated April 15, 2020. FOUNDATION PLANS File-dated April 15, 2020. ELEVATIONS File-dated April 15, 2020.

(Continued)

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STAFF REPORT 2020-DV3-012 (Continued) FLOOR PLANS File-dated April 15, 2020. FINDINGS OF FACT File-dated April 15, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES 99-UV3-98; 375 South Franklin Road (subject site), Variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a 75 by 200-foot pole barn, to be used for a plumbing contractor business, and a warehouse (not permitted), with a 50 by 70-foot gravel parking area, creating 15,756 square feet of detached accessory uses, or 1,444% of the size of the main floor area of primary residence (maximum 818 square feet or 75% of the size of the main floor area of the primary residence permitted), with total accessory uses being 15,756 square feet, or 1,444% of the size of the total floor area of the primary residence (maximum 2,182 square feet or 99% of the size of the main floor area of the primary residence permitted), denied. ZONING HISTORY – VICINITY 2018-UV1-028; 370 South Franklin Road (west of site), Variance of use of the Consolidated Zoning and Subdivision Ordinance to provide for the expansion of a maintenance / storage building for an adjacent boat sales business (not permitted), granted. 2015-UV1-041; 370 South Franklin Road (west of site), requested a variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a 5,000-square foot maintenance storage building for an adjacent boat sales business, with paved off-street parking and gravel storage areas, per plans filed, granted. 2012-CZN-815, 2015-CVR-815, and 2015-CVC-815; 416 South Franklin Road (southwest of site), requested the rezoning of 12.41 acres from the I-2-S and D-A Districts to the I-2-S classification to provide for industrial uses; a variance of development standards of the Industrial Zoning Ordinance to provide for a 31-foot tall building addition, with a 45-foot front building setback and a zero-foot parking and access drive setback, with 45,000 square-feet of outdoor truck/trailer storage; and a vacation of a portion of Beechwood Avenue, being 50 feet in width from the east right-of-way line of Interstate 465 to a point 271.96 feet to the east, approved. 2012-ZON-025; 416 South Franklin Road (southwest of site), requested the rezoning of 3.9 acres, from the D-A District, to the I-2-S classification, approved. 2002-DV2-011; 234 South Franklin Road (northwest of site), requested a variance of development standards to provide for a 14 by 48-foot advertising sign located 50 feet from an existing advertising sign and zero feet from a protected district, resulting in five signs within a one-mile portion of I-465, granted.

(Continued)

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STAFF REPORT 2020-DV3-012 (Continued) 95-UV1-15; 333 South Franklin Road (north of site), requested a variance of use of the Industrial Zoning Ordinance to provide for the operation of a catering hall, within an existing warehouse for on-site and off-site catering, granted. 83-HOV-99; 234 South Franklin Road (northwest of site), requested a variance of development standards of the Sign Regulations to provide for a 14 by 48-foot advertising sign, granted. 76-UV3-139; 7950 Beechwood Avenue (west of site), Variance of use and development standards to permit occupancy of a trailer on the rear of lot, as per plans filed, granted. 72-UV2-128; 7950 Beechwood Avenue (west of site), Variance of use and rear yard requirements to permit existing house trailer to remain on a permanent basis, as per plans filed, off-street parking provided, granted. MI

*******

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115

2020-DV3-012; Existing Site Plan

2020-DV3-012; Proposed Site Plan

116

2020-DV3-012; Foundation Plans

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118


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2020-DV3-012; First Floor Plans

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2020-DV3-012; Second Floor Plans

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Photo of the Subject Property: 375 South Franklin Road

South view to the subject site.

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View of the existing dwelling and patio area.

View of the exisitng detached garage to be demolished.

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View of the north side setback looking south at the detached garage.

View of the existing patio slab to be maintained.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV3-016 Address: 6331 West Morris Street (approximate address) Location: Wayne Township, Council District #22 Zoning: D-3 Petitioner: Manolo Montes, by Sarah Walters Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for the construction of a detached garage with a secondary dwelling with a five-foot east side setback and three-foot south side setback (six-foot side setbacks required) within the clear sight triangle of the abutting alleys (not permitted) on a lot without frontage on a public street (not permitted) and with 63% open space (70% open space required).

RECOMMENDATIONS Staff recommends approval of this request with the condition that the six-foot east side setback is met. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-3 Metro Single-family dwelling SURROUNDING ZONING AND LAND USE North D-3 Single-family dwelling South D-3 Single-family dwelling East SU-2 School District office West D-3 Single-family dwelling COMPREHENSIVE PLAN The Comprehensive Plan recommends suburban neighborhood

development.

The 0.16-acre subject site is currently developed with a single-family dwelling and detached accessory structure.

A 1902 recorded plat confirmed that the subject site was previously part of a platted parcel that measured 57.6 feet wide by 230 feet long. No records indicate when the parcel was split into two separate lots. However, the Assessor’s property card notes that the dwelling was constructed in 1926.

(Continued)

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STAFF REPORT 2020-DV3-016 (Continued) VARIANCE OF DEVELOPMENT STANDARDS

The grant of this petition would legalize the existing lot without street frontage and allow for the construction of a detached garage with secondary dwelling with deficient side setbacks, open space, and to be located within the clear sight triangle.

Frontage

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

Considering that the subject site is a previously split parcel, staff finds no reason to object to the legalization of the existing lot without street frontage. A practical difficulty exists since this lot is located behind another lot without access to any public streets. However, it is merely one lot back from the main street with access from a public alley.

Setbacks


Per Table 744-201-1, the required side yard in the Compact Context Area within the D-3 district is six feet. However, there is a practical difficulty due to the limitations of the lot size. The D-3 district requires a minimum lot width of 70 feet and minimum lot size of 10,000 square feet where the subject property consists of 58 feet in lot width and 6,960 square feet in size.

Furthermore, the potential preservation of an existing mature tree located north of the proposed garage and secondary dwelling poses another practical difficulty supporting relief from the required south side setback. The relocation of the garage further north would disrupt the root system of said tree. However, staff finds that the six-foot east side setback could be met and recommends this change occur for staff to support the variance requests.

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.

In Staff’s opinion, the request for a reduction in open space is warranted and reasonable. The deficient lot size requires a variance to develop the property with a garage since the 70 percent requirement would not be able to be met.

(Continued)

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STAFF REPORT 2020-DV3-016 (Continued) Clear Sight Triangle

The clear-sight triangle requirement is to provide for sight visibility for vehicles interacting with an intersection. Reduction in visibility at intersections would increase the possibility of motorists or pedestrian accidents.

The encroachment into the clear sight triangle would be slight since it is proposed to be approximately 72 square feet within the area. Although the structure would be located within the clear sight triangle of two alleys, the alley to the south was not built. Therefore, the minimal chances for conflicts would reduce the possibility of accidents due to the garage’s proposed location.

However, Staff is recommending the six-foot east side setback be met, which would reduce the floor area within the clear sight triangle.

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

for Marion County, Indiana as a primary collector street, with a 70-foot existing right-of-way and a 80-foot proposed right-of-way.

OVERLAY This site is in a Transit-Oriented Development (TOD)

overlay, specifically the Bus Rapid Transit Blue Line.

SITE PLAN File-dated April 21, 2020.

PLAT File-dated April 21, 2020.

FINDINGS OF FACT File-dated April 21, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None. ZONING HISTORY – VICINITY 2012-UV3-020; 1138 South High School Road (northeast of site), Variance of use and development standards of the Dwelling Districts Zoning Ordinance and the Sign Regulations to provide for a substance abuse counseling agency (not permitted) and to provide for a 2.125-square foot sign hanging from the mailbox (not permitted), denied.

(Continued)

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STAFF REPORT 2020-DV3-016 (Continued) 2012-ZON-064; 1138 South High School Road (northeast of site), Rezoning of 0.50 acre from D-3 to C-3 to provide for a substance abuse counseling office, withdrawn. 2008-DV2-063; 1220 South High School Road (east of site) Variance of Development Standards of the Sign Regulations to legally establish a 6.083-foot tall, 33.33-square foot pylon sign (maximum four-foot tall ground sign permitted), containing a 24-square foot electronic variable message sign component (not permitted) being 72 percent of the total sign area (maximum 13.3 square feet or 40 percent of the total sign area permitted), within approximately 155 feet of a protected district (minimum 600-foot separation required), granted. 2001-HOV-026; 6501 West Morris Street (west of site), Variance of the development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a single-family dwelling with a front building setback of 12.14 feet from Glenn Arm Road (minimum front setback of 25 feet along a local street required), granted. 99-UV2-13; 1262 South High School Road (southeast of site), Variance of use and development standards of the Commercial Districts Zoning Ordinance to provide for the construction of a 40 by 70-foot structure for use as a sales and contractors office (not permitted) with a 60-foot yard setback along High School Road (minimum 70 feet required), a seven-foot side transitional yard setback (minimum of 20 feet required), parking within a side transitional yard (not permitted), and without hard surfaced parking area (hard surfaced parking area required), granted. 87-V2-107; 6410 Morris Street (north of site), Variance of the development standards of the Dwelling Districts Zoning Ordinance to provide for a detached garage located within the required front setback from Morris Street, withdrawn. MI

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2020-DV3-016; Aerial Map (1972)

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2020-DV3-016; 1909 Recorded Plat

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Photo of the Subject Property: 6331 West Morris Street

Photo of the platted alley to the south.

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Photo of the built alley to the east.

Photo of the property to the west.

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Photo of the existing accessory structure to be removed.

Photo of the existing tree and yard space.

metropolitan board of zoning appeals...3 staff report department of metropolitan development...

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