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HomeMy WebLinkAboutPacket 07-28-14 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: 14060019 V- Loading Berth Requirement Petitioner: Meridian 131, 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 proposed buildings will be single story structures. Each tenant space will have direct access for deliveries via an entrance located adjacent to the interior parking area. Deliveries to the retail businesses typically occur during off-peak business hours and a loading berth is not required for the proposed tenants'types of business. Consequently,the lack of a loading berth will not be injurious to the public health,safety, morals and 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: With all deliveries and shipments occurring within the interior of the site, adjacent properties will not be adversely impacted. 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: A loading berth is not required for the proposed tenants'types of business and its construction would result in additional drives, paving, and unnecessary construction costs. 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. Adopted this day of ' 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 — filename:development standards variance 2014 rev.1/2/2013 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: 140600020 V- Build-to-line on Pennsylvania Way Petitioner: Meridian 131, 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 buildings cannot be located closer to Pennsylvania Way due to existing utility easements and the curvature of the street. 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 buildings are oriented toward Pennsylvania Way and are positioned a closely as possible to the build-to-line. 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: Utility lines would need to be re-routed from their existing locations disrupting service to the area and the buildings would need to incorporated a curved facade to meet the existing "build-to-line" requirement. 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. Adopted this day of ' 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 — filename:development standards variance 2014 rev.1/2/2013 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: 14060021 V- Minimum Front Yard Setback on Main Street Petitioner: Meridian 131, 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 building is oriented toward, and located near, the roundabout as requested by the Carmel City Staff and the development in the required setback area is necessitated by the taking of additional right-of-way by the State of Indiana,and a setback of greater than 20 feet is still being provided. 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 building will still sit back from Main Street an appropriate distance;and the additional right-of-way that necessitated the Variance will positively affect the use and value of adjacent areas. 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 building's area would be reduced or result in a relocation of the building resulting in reduced parking areas;the required setback would also cause the building to be located further from the roundabout; and impact the developer's ability to accommodate the additional right-of-way requested by the State of Indiana. 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. Adopted this day of ' 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 — filename:development standards variance 2014 rev.1/2/2013 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: 14060022 V- East Bufferyard Reduction Petitioner: Meridian 131, 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 area affected by the reduction serves as a separation between the adjacent church's parking area and the proposed internal access drive; and required plantings will still be provided and will blend with the existing 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 amount of the reduction is minor and the planting area serves as a separation between a parking area and an internal access drive. 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: A reduction on the amount of parking for the proposed development due to the internal access drive shifting to the west and the elimination of a parking stall at the end of each parking row would be required. 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. Adopted this day of ' 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 — filename:development standards variance 2014 rev.1/2/2013 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: 14070001 V- Minimum Building Gross Floor Area Petitioner: Meridian 131, 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 difference in building size is minimal and will allow for more parking; and the variance will allow the developer to accommodate the State of Indiana's request for additional right-of-way. 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 building size is not significant and will allow for additional parking; and the additional right-of-way that necessitated the variance will positively affect the use and value of adjacent areas. 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: A larger building would require additional parking areas which cannot be accommodated on the site; and impact the developer's ability to accommodate the additional right-of-way requested by the State of Indiana. 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. Adopted this day of ' 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 — filename:development standards variance 2014 rev.1/2/2013 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: 14060019 V- Loading Berth Requirement Petitioner: Meridian 131, LLC 1. 2. 3. DATED THIS DAY OF 120 Board Member Page 9 — filename:development standards variance 2014 rev.1/2/2013 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: 14060020 V- Build-to-line on Pennsylvania Street Petitioner: Meridian 131, LLC 1. 2. 3. DATED THIS DAY OF 120 Board Member Page 9 — filename:development standards variance 2014 rev.1/2/2013 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: 14060021 V- Minimum Front Yard Setback on Main Street Petitioner: Meridian 131, LLC 1. 2. 3. DATED THIS DAY OF 120 Board Member Page 9 — filename:development standards variance 2014 rev.1/2/2013 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: 14060022 V- East Bufferyard Reduction Petitioner: Meridian 131, LLC 1. 2. 3. DATED THIS DAY OF 120 Board Member Page 9 — filename:development standards variance 2014 rev.1/2/2013 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: 14070001 V- Minimum Building Gross Floor Area Petitioner: Meridian 131, LLC 1. 2. 3. DATED THIS DAY OF 120 Board Member Page 9 — filename:development standards variance 2014 rev.1/2/2013