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HomeMy WebLinkAboutFindings of Fact CARMEL BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No 14030003 V—Build-to Line, Renaissance Hotel Petitioner: Carmel Hotel LLC 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because The reduction in the required 90 foot build-to-line distance resulting from the right-of-way taking by the State of Indiana will only impact the Applicant's property and therefore will not affect nor be injurious to the public health, safety, morals or general welfare of the community. 2 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because. The reduction in the required build-to-line distance resulting from the right-of-way taking by the State of Indiana will simply reduce the distance from the building to the right-of-way of U.S. Highway 31 which will not affect the use and value of the area adjacent to the Applicant's property. The use of and the improvements to the Applicant's property will not be affected, maintaining a neutral impact to the use and value of adjacent properties. 3 The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because The reduction in the required build-to-line distance is the result of the taking by the State of Indiana to expand the right-of-way of U.S. Highway 31 in conjunction with its upgrade of the highway to freeway standards. This expansion of the right-of-way makes compliance with the required build-to-line distance impossible because the hotel building cannot be moved. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 14030003 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof Adopted this , day of �''C� - , 20 /1/ e-HA-1R ERSON, Carmel Bo-., . of Zoning Appeals SECRETARY, Carmel Board o ''oni (:'Appeals Conditions of the Board are listed on back. Petitioner or representative to sign CARMEL BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No 14030004 V—Maximum Parcel Coverage, Renaissance Hotel Petitioner Carmel Hotel LLC 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because The expansion of the existing U.S. Highway 31 right-of-way by the State of Indiana reduces the size of the Applicant's parcel, increasing the percentage of parcel coverage and impacting only the Applicant's property. The improvements, parking areas and driveways are not affected. Therefore the increase in parcel coverage will not affect nor be injurious to the public health, safety, morals or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because The increase in the parcel coverage resulting from the right-of-way taking by the State of Indiana will simply reduce the size of the Applicant's parcel which will not affect the use and value of the area adjacent to the Applicant's property. The use of and the improvements to the Applicant's property will not be affected, maintaining a neutral impact to the use and value of adjacent properties. 3 The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because The increase in the parcel coverage is the result of the taking by the State of Indiana to expand the right-of-way of U.S. Highway 31 in conjunction with its upgrade of the highway to freeway standards. This expansion of the right-of-way makes compliance with the maximum parcel coverage impossible without the acquisition of additional real estate which is economically impractical. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 14030004 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof Adopted this � " da .f �ro! , 20 Car` I Board of Zoning Appeals frie‘2 0.120c SECRETARY, Carmel Board of /.nine ;ppeals Conditions of the Board are listed on back. Petitioner or representative to sign CARMEL BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No 14030005 V—Greenbelt, Renaissance Hotel Petitioner Carmel Hotel LLC 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because' The elimination of the greenbelt resulting from the right-of-way taking by the State of Indiana will only impact the Applicant's property and therefore will not affect nor be injurious to the public health,safety, morals or general welfare of the community. 2 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because* The elimination of the greenbelt resulting from the right-of-way taking by the State of Indiana will only affect the Applicant's property and will be partially mitigated by replacement landscaping by the State which will avoid any effect upon the use and value of the area adjacent to the Applicant's property. The use of and the improvements to the Applicant's property will not be affected, maintaining a neutral impact to the use and value of adjacent properties. 3 The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because The elimination of the required greenbelt is the result of the taking by the State of Indiana to expand the right-of-way of U.S. Highway 31 in conjunction with its upgrade of the highway to freeway standards, leaving the resulting site without sufficient area to replace the required greenbelt. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 14030005 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof A.mpted this 2-1-4411. , day of ,'.-6,1--1 , 20 )4/ C„ , _'i Carmel Boa d of Zoning Appeals r - te - -- ; SE 'ETARY, Carmel Board or oni f Appeals Conditions of the Board are listed on back. Petitioner or representative to sign