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HomeMy WebLinkAboutFindings of Fact 01-28-14CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120026 UV Petitioner Keystone Realty Group LLC Variance. Permit Multifamily Uses FINDINGS OF FACT — USE VARIANCE 1 The approval of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because The proposed use is necessary to complete a proposed multifamily - retail development to be constructed on the parcel located adjacent to the east of the subject real estate. The adjacent parcel is within the Old Meridian -Mixed Use zoning district which permits such development Because the rezoning of the adjacent parcel was done without the benefit of a development plan, the rezoning did allow for sufficient area to complete the development that is proposed and which is in furtherance of the intended redevelopment of the Old Meridian Street corridor. 2. The approval of this vanance will not be injunous to the public health, safety, morals and general welfare of the community because' The proposed multifamily use on the subject site is a reasonable extension of the permitted development on the adjacent parcel in the Old Meridian -Mixed Use zoning district and the proposed use is well within the intent of adopted and use plan policies for the Old Meridian Street corridor. 3. 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 proposed use and development is designed to be compatible with existing and proposed development surrounding the site. 4 The need for the variance arises from a natural condition peculiar to the subject property because' The applicable zoning districts were established without regard to property ownership or to the feasibility of development with respect to size of the parcels within the zoning district. 5 The approval of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because. The proposed use is anticipated by plan policies in the vicinity of the subject property and represents a reasonable extension of the proposed land use classification to the east DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Use Variance Docket No 13120026 UV 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...ted this 2 da of 2014 CHAT ERSON, Carmel /Clay Board of Zoning Appeals { SECRETARY, Carmel /Clay B.:rd of 1.ning Appeals Conditions of the :.ard are fisted on the back (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120028 V Petitioner Keystone Realty Group LLC Variance Minimum Front Setback of Zero feet FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because. The proposed multifamily — retail development is permitted within the Old Meridian -Mixed Use zoning district and the grant of this variance is necessary for this project which will benefit the area and the community at large 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 proposed use and development is designed to be compatible with existing and proposed development surrounding the site 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 size of the parcel is insufficient to accommodate an economically viable multi - family - retail development with the applicable minimum front set back standards in the Old Meridian Mixed Use District. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120028 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 - J(G'jr.'I `1 ", 2014 /// • rAIRPERSON, Carmel Board of Zoning Appeals eGC SECRETARY, Carmel Boa ing Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120029 V Petitioner Keystone Realty Group LLC Variance Maximum Building Footprint of 43,000 SF FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because The proposed multifamily — retail development is permitted within the Old Meridian -Mixed Use zoning district and the grant of this variance is necessary for this development which will benefit the area and the community at large 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 proposed development is designed to be compatible with existing and proposed development surrounding the site 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 size and configuration of the parcel necessitate a larger building foot print to accommodate development consistent with the development objectives of the Old Meridian Mixed Use District. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120029 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` pted this Z day of (17(4,44-/C-y, 2014 CHAI T' RSON, Carmel Boar of-Zoning Appeals SECRETARY, Carmel Bo ing Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120033 V Petitioner Keystone Realty Group LLC Variance Elimination of at least one entrance on the front of the building FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because The proposed multifamily — retail development is permitted within the Old Meridian -Mixed Use zoning district and the grant of this variance will enhance the development which will benefit the area and the community at large 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 proposed development is designed to be compatible with existing and proposed development surrounding the site 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 Requiring at least one entrance on the front of the building is not appropriate or beneficial to a mixed use multi - family and retail project with significant street scape development. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120033 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 dopted this RPERSON, Carmel -Bo day of J , 2014 rd of Zoning Appeals SECRETARY, Carmel Bo of Z ing Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120036 V Petitioner Keystone Realty Group LLC Variance Development of Multifamily, not Single Family Attached Residential Units FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because The development of multifamily units will complete the multifamily development that is permitted within the Old Meridian -Mixed Use zoning district that is located adjacent to the east of the subject real estate Incorporation of this parcel into the adjacent development furthers the redevelopment of the Old Meridian corridor 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 proposed development is designed to be compatible with existing and proposed development surrounding the site 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 subject real estate parcel is of insufficient size to be developed as single family attached residential units DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120036 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 IRPERSON, Carme Board of Zoning Appeals ,day of ri1c4 TJ , 2014 SECRETARY, Carmel Board o /'onin Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120038 V Petitioner Keystone Realty Group LLC Variance Maximum Building Width of 200 Feet FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because The increased building width allows for the completion of the multifamily development that is permitted within the Old Meridian -Mixed Use zoning district that is located adjacent to the east of the subject real estate. The resulting development will further the redevelopment of the Old Meridian corridor and benefit the area and the community in general. 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 proposed development is designed to be compatible with existing and proposed development surrounding the site 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 subject real estate will be incorporated into the multifamily development that is permitted within the Old Meridian -Mixed Use zoning district that is located adjacent to the east of the subject real estate and the restricted building width, applicable to single family attached residential units, is incompatible with the proposed multifamily - retail development. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120038 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 day of --a-1-64-01--"Y , 2014 Adopted this i1 IRPERSON, Carmel Board of Zoning Appeals 2 SECRETARY, Carmel Board: Zo /g Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120039 V Petitioner Keystone Realty Group LLC Variance Minimum Front Setback of Zero Feet FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because The reduced setback will allow for the multifamily - retail development which will further the redevelopment of the Old Meridian corridor 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 proposed development is designed to be compatible with existing and proposed development surrounding the site 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 To develop the proposed multifamily - retail development on the subject real estate, a reduced setback is necessary and without this reduction, development of the parcel could not occur due to its size and the other development requirements DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120039 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 day of ice. �F 2014 CHA pted this ERSON, Carmel Board of Zoning-Appeals SECRETARY, Carmel Boar f Zon g Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120040 V Petitioner Keystone Realty Group LLC Variance Permit Parking and Driveway in Side Yard West of Building FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because Parking and a driveway in the west side yard are necessary to provide safe and adequate traffic flow and parking for the multifamily development which will further the redevelopment of the Old Meridian corridor 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 proposed development is designed to be compatible with existing and proposed development surrounding the site 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 Without the allowance of parking and a driveway in the west side yard, safe and efficient traffic flow and parking cannot be provided for the multifamily development. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120040 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 2 day of 17(-41-41 , 2014 RPERSON, Carmel :oard of Zoning Appeals SECRETARY, Carmel Boar,.'of Z. ing Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120042 V Petitioner Keystone Realty Group LLC Variance Permit Entrances in Rear of Building FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because Entrances in the rear of the proposed multifamily residential building are consistent with multifamily residential development in 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 proposed development is designed to be compatible with existing and proposed development surrounding the site 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 Due to the need to provide adequate parking for the multifamily units recessed entrances in the front of the building are not practical or possible DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120042 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 dopted this Zr day of c%4°L-"Y., 2014 CH PERSON, Carmel oard of Zoning Appeals SECRETARY, Carmel Boari/of Z.°ing Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120043 V Petitioner Keystone Realty Group LLC Variance Permit Multifamily Building with Parking on Ground Level, Units Above FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because This variance will allow necessary and adequate ground level parking 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 proposed development is designed to be compatible with existing and proposed development surrounding the site 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 first floor level elevation requirement is incompatible with multifamily residential units that require ground level parking DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120043 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 '4('9, 2014 PERSON, C SECRETARY, Carmel Boar ing Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No 13120044 V Petitioner Keystone Realty Group LLC Variance Reduction in number of required shrubs for parking lot landscaping FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 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 shrubs will not significantly reduce the overall parking lot landscaping. 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 proposed development is designed to be compatible with existing and proposed development surrounding the site 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 Due to site constraints and parking requirements there is not sufficient area to plant the required number of shrubs and have them grow and thrive DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No 13120044 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 ;opted this day of Jo' , 2014 CHAI 4,721/- RSON, Carmel Boar. of Zoning Appeals SECRETARY, Carmel Boar f ZQfjfng Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) kD 5908256 l docx