HomeMy WebLinkAboutFindings of Fact CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
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Docket No 14040006V, 14040007V, 14040008V, 14040009V, 14040010V, 14040011V, 14040012V, 14040013V and
14040058V
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Petitioner: BASTIAN DEVELOPMENT, LLC
III 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because
.' The request variances allow for the continued operation of a multi-tenant office building. The use of the subject real estate will
remain the same as it has existed from many years, and therefore,the grant of the variances by their very nature will not effect nor
be injurious to the public health, safety, morals and general welfare of the community
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2. The use and value of the area adjacent to the property included in the variance will not be affected in a
III substantially adverse manner because
The variances allow for the continued operation of an existing multi-tenant office building,which has existed for many years in this
- location,with no adverse impact on the adjoining areas. Continuing the same use will have no substantial adverse impact on the
I use or value of the areas adjacent as the same use will remain intact. Moreover,the surrounding areas are business offices in
nature, and the reduction in landscaping and parking will have no impact on these adjacent office buildings, as the parking for
Meridian Plaza is self contained
I 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 need for the variances arise solely from the takings of the right-of-ways along U.S. Highway 31 and 106th Street by the
I Indiana Department of Transportation. Changes in the U S Highway 31 Overlay Zone and the right-of-way takings make it
impractical to meet the requirements.where inadeauate setbacks exists for the required landscaping. The parking variance
sought arises from the taking of areas that prior thereto conformed or were legally existing non-conforming uses.
II DECISION
I IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No SEE ABOVE is granted, subject to any conditions stated in the minutes of this
Board,which are incorporated herein by reference and made a part hereof
I •.Lpted this day of /`91G. , 20 1 11
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CHAT''ERSON, Carmel/C ay Board of Zoning Appeals . re /
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SECRETARY, Carmel/Clay Boo d of fling Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign
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IPage 10 - filename:development standards variance 2014 rev.1/2/2013