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Home My WebLink AboutFindings of Fact CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS �fJ FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: Minimum Building Height Variance - 14060005V(Meridian Street) Petitioner: Liberty Fund, Inc. • 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 height and number of occupiable floors of the building will be consistent with the existing structures to the north, south, and southeast of the site. 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 site is currently undeveloped and the quality and design of the proposed improvements will have a positive impact on the value of adjacent properties; and the proposed use is consistent with and will not adversely affect the use 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 current standards would result in a significant amount of unused and/or vacant space; increase construction costs unnecessarily; and prevent the owner from developing a campus environment that optimizes the use and benefits of the property DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. jI/06 000S 17 is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. •4 opted this ' 2'"� ''' day of 117 , 20 �" / . 1_s 2L- CH ERSON, Carmel/C ay Board of Zoning Appeals SECRETARY, Carmel/CI Bo d of Zoning Appeals • Conditions of the Board are listed on back. Petitioner or representative to sign. /.7 Pa0e 10 — filename:development mandards variance 2014 rev.1/Z'2013 • CARMELJCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No.: Minimum Building Height Variance- 14060006V(Pennsylvania St.) Petitioner: Liberty Fund, Inc. 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 height and number of occupiable floors of the building will be consistent with the existing structures to the north, south, and southeast of the site. 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 site is currently undeveloped and the quality and design of the proposed improvements will have a positive impact on the value of adjacent properties: and the proposed use is consistent with and will not adversely affect the use 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 current standards would result in a significant amount of unused and/or vacant space; increase construction costs unnecessarily; and prevent the owner from developing a campus environment that optimized the use and benefits of the property. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. /4/44,0006 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. Ad:pted this Z day(of v ( � . , 20 /1 CH RSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/CI Bo of Zoning Appeals Conditions of the Board are fisted on back. Petitioner or representative to sign. Page 10 - filename:development standards variance 2014 rev.11212013 CARMELJCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No.: Distribution of Gross Floor Area Variance- 14060007V Petitioner: Liberty Fund, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Due to the unique design of the proposed structure, a greater percentage of Gross Floor Area to be contained on the first floor is required. The design's goal is to create a"campus-like setting surrounding an interior courtyard. The quality and desion of the proposed improvements will have a positive affect on adjacent properties. 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 Gross Floor Area on the first floor is only 9.32%of the site area, allowing the Applicant to save a significant portion of the existing mature woods, and the increased distribution of GFA will not affect use or value of adjoining 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: A structure with a more "vertical"design and appearance is inconsistent with the"campus-like"setting desired by the Applicant;would not optimize the use and benefits of the property; and would create unused and/or vacant space. DECISION • IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. /9061 00 7 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. •.•pted this day of wrJ y , 20 1 . l CH ;1 .RSON, Carrnel/Clay Board of Zoning Appeals SECRETARY, Carmel/Cla/ oar.`f 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.: Amount of Parking Spaces Required Variance- 14060008V • Petitioner: Liberty Fund, Inc. 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 facility will house the operations and business of Liberty Fund, Inc. which is a private, educational foundation. They currently employ 50 individuals. Occasionally, Liberty Fund does host small conferences. These conferences typically have an attendance of 25 or fewer. Given the unique nature of their business and the known need for parking,adequate parking will be available and the reduced parking would not be injurious to 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 reduced amount of parking will allow Liberty Fund to save a significant portion of the existing mature wooded areas on the site which should have a positive impact on 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: Providing the required amount of parking would result in excessive and unused parking and the clearing of existing mature wooded areas on the site. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. /90!p Qo08 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. / Adop I. this 'i `1 ay of J� l 1 , 20 / . CHAIR.P"' ON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay/oard Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. • Pape 10 - filename:development standards variance 2014 rev.1/2/2013 CARMEUCLAYADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: Loading Berth Requirement- 14060009V Petitioner: Liberty Fund, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: This building is for a single tenant whose operations do not require a loading berth as most multi-tenant buildings do. The design of the building allows for adequate circulation and maneuverability. 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: • All deliveries to the building can be accommodated through either the main entry vestibule or the equipment vestibule located near the catering kitchen and mechanical operations area. 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 needed for the operations of this single-user building and its construction would result in additional drives and paving that would displace existing wooded areas. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. /y06000 9' t✓ is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and madee a part hereof. •dopted this `1116 //�day of J7/1` 7` 20 <`7 AT,r C,�I-PERSON, Carmel'lay Board of Zoning Appeals SECRETARY, Carmel/Clay/oard V Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Paae 10 - filename:development standards variance 2014 rev.1/2/2013