HomeMy WebLinkAboutFindings of FactCARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No. SU -21 -95
Petitioner: Shurgard Storage Centers, Inc.
FINDINGS OF FACT - SPECIAL USE
1. The Special Use in Flood Plain District, Ordinance Z -160, Section 21.6, as
amended, does not apply.
2. The Special Use will be consistent with the Character and Permitted Land Use of
the zoning district and Carmel/Clay Comprehensive Plan because the area of which the Real
Estate is a part contains a wide variety of Commercial and Industrial uses and the Special Use
is compatible with the character of the area; the Special Use is consistent with the recommended
Land Use of the Regional Commercial /Office as suggested by the Comprehensive Plan Update,
1991, and the Special Use is presumed appropriate under the Zoning Ordinance.
3. The Special Use is physically suitable for the land in question and the site plan
has been approved by the Technical Advisory Committee.
4. The Special Use will not injuriously or adversely affect the adjacent land or
property values because the area of which the Real Estate is a part contains a wide variety of
Commercial and Industrial uses and the Special Use is compatible with the character of the area;
the Special Use is consistent with the recommended land use of Regional Commercial/Office, as
suggested by the Comprehensive Plan Update, 1991, and the Special Use is presumed appropriate
under the Zoning Ordinance.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor
the adequate availability of water, sewage, or storm drainage facilities, or police or fire
protection, because the Real Estate is within the corporate boundaries of the City of Carmel and
municipal water and sanitary sewer services are available to the Real Estate, as verified by the
City Engineer, the storm drainage facilities have been approved by the Technical Advisory
Committee, and police and fire protection are provided by the City of Carmel.
6. The Board has reviewed the requirements of Ordinance Z -160, Section 21.4.91 -25
as they relate to this Special Use, and does not find that those criteria prevent the granting of the
Special Use. True.
DECISION
IT IS THEREFORE the decision of the Carinel/Clay Board of Zoning Appeals that
Special Use Docket No. SU -21 -95 is granted, subject to any conditions stated in the minutes of
this Board, which are incorporated herein by reference and made a part hereof.
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V -22 -95 Variance I
(Parking)
Petitioner: Shurgard Storage Centers, Inc.
FINDINGS OF FACT - DEVELOPMENTAL 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 a sufficient number of parking spaces are being
provided to accommodate the use of the Real Estate as an enclosed storage warehouse facility.
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 an adequate number of parking spaces
is being provided to accommodate the use of the Real Estate as an enclosed storage warehouse
facility.
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 Applicant will be required to
construct an excess number of parking spaces, thus increasing the development costs of Applicant
and decreasing the amount of real estate otherwise available for the primary use and/or green
space.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that
Developmental Standards Variance Docket No. V -22 -95 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 22nd day of May, 1995.
1
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Carmel/Clay Board of Zoning Appeals
ERSON
SECRETARY
Carmel /Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Exhibit C
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V -23 -95 Variance II
(31Overlay Zone)
Petitioner: Shurgard Storage Centers, Inc.
FINDINGS OF FACT - DEVELOPMENTAL 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 set back of the proposed building(s) from the
right -of -way of U.S. 31, considering the location of the real eastate near the apex of a triangle
formed by U.S. 31 and 431, is adequate to fulfill the spirit and purpose of the 31 Overlay Zone.
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 set back of the proposed building(s)
from the right -of -way of U.S. 31, considering the location of the real estate near the apex of a
triangle formed by U.S. 31 and 431, is adequate to fulfill the spirit and purpose of the 31 Overlay
Zone.
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 Applicant will be denied the full
use and enjoyment of the real estate.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that
Developmental Standards Variance Docket No. V -23 -95 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
22
SECRETARY
Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Exhibit C -1
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V -24 -95 Variance III
(Keystone Overlay Zone)
Petitioner: Shurgard Storage Centers, Inc.
FINDINGS OF FACT - DEVELOPMENTAL 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 set back of the proposed building(s) from the
right -of -way of 431 is consistent with the set back of other buildings adjacent to its right -of -way
as established by the grant of prior variance.
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 set back of the proposed building(s)
from the right -of -way of 431 is consistent with the set back of other buildings adjacent to its
right -of -way as established by the grant of prior variance.
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 Applicant will be denied the full
use and enjoyment of the real estate.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that
Developmental Standards Variance Docket No. V -24 -95 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 22nd day of May, 1995.
C.�• I' ' ERSON r
•
Carmel/Clay Board o Zoning Appeals
SECRETARY
Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Exhibit C
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V -25 -95
Petitioner: Shurgard Storage Centers, Inc.
Variance IV
(Landscaping)
FINDINGS OF FACT - DEVELOPMENTAL 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 landscaping provided adjacent to the perimeter
of the real estate is sufficient to meet the spirit of the ordinance..
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 landscaping provided adjacent to
the perimeter of the real estate is sufficient to meet the spirit of the ordinance.
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 requirement providing for
landscaping adjacent to buildings is not consistent with Applicant's permitted use of the real
estate.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that
Developmental Standards Variance Docket No. V -25 -95 is granted, subject to any conditions
stated in the minutes of this Board, which are incorporated beret by reference and made a part
hereof.
ADOPTED this 22nd day of May, 1995.
iN /Fir- .1 i /
1
el/Clay Board of Zoning Appea s
SECRETARY
Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Exhibit C
NELSON
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS -AT -LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
May 1, 1995
Mark Monroe
Department of Community Development
One Civic Square
Carmel, IN 46032
Dear Mark,
3021 EAST 98th STREET
SUITE 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317 -846 -8782
Please find enclosed for attachment to the Shurgard applications the findings of fact forms
for variances I through IV inclusive.
If you should have any questions please call.
Kindest regards,
JJN /jrk
Enclosure