HomeMy WebLinkAboutFindings of Fact CARMEUCLAY BOARD OF ZONING APPEALS
FINDINGS OF FACT for USE VARIANCE
Docket No. 14010020UV
Petitioner Shelley Johnstone,General Manager do Penske Car Rental
1. The grant of this variance will not be contrary to the public interest,due to the exist- ce of special condition(s)such
that enforcement of the zoning ordinance will result in unnecessary hardship •ecause.
The proposed variance is for this commercial property is a Hertz car rental location. The purpose of se is to provide rental car services to the
general public,corporate travelers and those needing a replacement vehide while under repair. Th- e will be no retail car sales at this location,only
rental services.The-zoning-ordinence-prohibits this use within-23E04.02 prohibited-Uses,Ap,- A-,'Fables-o€uses. The applicant-will not be
engaged in retail car sales operations and those activities associated with retail cars sales (- . oudspeakers,balloons,tents sales)
The car rental business is operated in a materially different manner than a retail car s. • ocation.
2 The grant of this variance will not be injurious to the trbli health, safety, morals and general welfare of the
community because:
This rental location will not be inj us to e publicly th. The business will utilize a shared drive off of South
Rangeline Rd.with no more peak tra c ''s already experienced;therefore the safety of the community with not be
enthreatened. Throughout Indiana Fie zf eplrates simular business Iocations with no threat of injury to the Public.
3 The use or value of the a a a jacentAo the subject property will not be substantially affected in any adverse
manner because:
The existing properties tha e 9 or adjacent to the property are vendors providing services that include car rental services
' and various other retail service. Additional parking of our rental cars will be easily defined from the rest of the Monon
shopping center and not interfere with parking of customer' s cars that visit others businesses.
4 The need for the variance arises from a natural condition peculiar to the subject property because.
The existing property is currently zoned I-1 and prohibits use of this property for retail car sales. Hertz/Penske is a car
rental company'that offers rental car service to customers who need such services. The 23F:04.02: Carmel/Clay Ordinance
prohibits use of this property for"retail car sales".Within the definition of the zoning code"car rental"is also included in
retail car,saalles.
5 The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
At whit-time the Landlord/owner were to develop the property into a shopping center that supports the comprehensive plan
that includes the creation of"walkable market place". Hertz/Penske would support this as it has other locations nationally in
this manner. Parking of rental cars have been moved to parking garages,roofs or to the rear of new buildings. Retail
customer facing counters and office Space does not have to be in close proximity to parking of the vehicles nor a location to
wash them to provide exceptional service to our customers,DECISION
IT IS THEREFORE the decision of the CarmelClay Board of Zoning Appeals that Use Variance Docket No.
is granted, subject to any conditions stated in the minutes of this Board, which are
incorporated herein by reference and made a part-hereof
dopted this day of fr' 4.,‘,'�' , 20
C RPERSON, Car el/Clay Board of Zoning Appeals AP
S �/
SECRETARY, Carmel/CIt Bo. , of Zoning Appeals
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Conditions of the Board are listed on the back.
14 0
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE
Docket No.: 140-10112-1-V
Petitioner Shelley Johnstone, General Manager do Penske Car Rental
1 The approval of this variance will not be injurious to the public health,safety, moral. and general welfare of the
community because.
This rental location will not be injurious to the public health. ' e business will utilize a shared drive
off of South Rangeline Rd.with no more eak traffic than i . ready experienced;therefore the safety
of the community with not be threaten . hroughout diana Hertz/Penske operates similar
business locations with no thre., of inj( ry t the Pu.. c.
2. The use and value of the area adja•-nt to the p op= included in the variance will not be affected in a
substantially adverse manner be , se*
The existing properties that at e in s r adj. 'ent to the property are vendors providing services that
include car rental services and various/s er retail services. Additional parking of our rental cars will
be easily defined from the rest o f th 1onon shopping center and not interfere with parking of
customers cars that visit others b sinesses.
3. The strict application of the term f the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
The proposed variance is fo is commercial property is a Hertz car rental location. The purpose of the use is to provide rental car
services to the general public,corporate travelers and those needing a replacement vehicle while under repair There will be no retail car
sales at this location,only rental services.The zoning ordinance prohibits retail car sales within ZO.CH.23F.16.01. The applicant will not
be engaged in retailydr.sales operations and those activities associated with retail cars sales
(ex.loudspeakers,balloons,tents sales)The car rental business is operated in a materially different manner than a retail car sales location.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. / is granted, subject to any conditions stated in the minutes of this
Board,which are incorporated herein by reference and made a part hereof.
L44 -
Cj' lRPt dopted this ' day of -'0l,3`c'x Y ,20 Ai .
- .ON, Carm- zo-1-d of Zo g Appeals 4/0 A /A %
SECRETA'Y, Carm-' %Beard of Zoning Appeals
ZZX
Conditions of the Board are li d on back. Petitioner or representative to sign.
Page 10 — filename:development stand-rds variance 2013.docx rev.1/2/2013