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HomeMy WebLinkAboutFindings of Fact CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE Docket No.: 14070024 V Petitioner: 1800 106th Street Partners, LLC 1 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: 17 the variance will not create any traffic hazard and will allow for the highest and best use of the real estate. ! Additionally, the community will benefit from developing the real estate with modern upscale construction. 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: I l=. the development will be compatible with that of adjacent properties, will allow for the highest and best use of the real estate and will allow for reasonable and adequate side yards, rear yards, lot areas and bufferyards. a i x4 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 flood plain located at the back of the property has reduced the available lot depth and area, thus making FT, t.. it impractical to provide for the required front setback. Additionally, the 50 foot half right-of-way for 106th Street has reduced the developable size of the real estate. I.€ DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket NO. 14070024 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 th day of August , 20 14 - -_s N, Carmel/Clay Board of Zoning Appeals LI rii,J13:2n SECRETARY, Carmel/Clay B .rd o oning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. xl Page 10 — filename:development standards variance 2014 rev.1/2/2013 ! 1 2605479v1 I . Ft CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: 14070025 V I ' Petitioner: 1800 106th Street Partners, LLC I1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: rl the variance will not create any traffic hazard and will allow for the highest and best use of the real estate. i Additionally, the community will benefit from developing the real estate with modern upscale construction. 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 development will be compatible with that of adjacent properties, will allow for the highest and best use of the real estate and will allow for reasonable and adequate side yards, rear yards, lot areas and bufferyards. 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 flood plain located at the back of the property has reduced the available lot depth and area, thus making , it impractical to provide for the required front setback. Additionally, the 50 foot half right-of-way for 106th Street has reduced the developable size of the real estate. l DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 14070025 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. 1dopted this 5th day of August , 20 14 C mel/ ,lay Board of Zoning Appeals / LiSECRETARY, Carmel/Clay lard.• Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. . _J , Page 10 - filename:development standards variance 2014 rev.1/2/2013 2605479v1 I • CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: 14070026 V Petitioner: 1800 106th Street Partners, 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 variance will not create any traffic hazard and will allow for the highest and best use of the real estate. Additionally, the community will benefit from developing the real estate with modern upscale construction. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a I i substantially adverse manner because: the development will be compatible with that of adjacent properties, will allow for the highest and best use of the real estate and will allow for reasonable and adequate side yards, rear yards, lot areas and bufferyards. 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 flood plain located at the back of the property has reduced the available lot depth and area, thus making it impractical to provide for the required front setback. -Additionally, the 50 foot half right-of-way for 106th Street has reduced the developable size of the real estate. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance t, ! Docket No. 14070026 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 th day of August , 20 14 -•` = • rmel/C -y 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. Page 10 - filename:development standards variance 2014 rev.1/2/2013 I 2605479v1