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HomeMy WebLinkAboutPacket for BZA 11-26-18 ICT, LLC Freddy’s Frozen Custard & Steakburgers Docket Numbers 18100003 V and 18100004 V DEVELOPMENT STANDARDS VARIANCE REQUESTS CITY OF CARMEL, INDIANA November 26, 2018 Board of Zoning Appeals Hearing Officer Applicant: ICT, LLC Attorneys – Nelson & Frankenberger, LLC Rick Lawrence, Attorney Matt Pleasant, AICP, Land Use Professional 317.844.0106 TABLE OF CONTENTS 1. Explanation of Request 2. Aerial Location Map 3. Zoning Map 4. Site Plan 5. Landscape Plan 6. Conceptional Elevations 7. Ballot Sheet and Findings of Fact for Docket No. 18100003 V - Minimum greenbelt along US 421: 19-foot width requested 8. Ballot Sheet and Findings of Fact for Docket No. 18100004V - Drive-Thru location: North side of building requested TAB 1 TAB 2 Freddy’s Frozen Custard Site Site Location Map / Aerial Photograph NORTH SITE TAB 3 Freddy’s Frozen Custard Site Zoning Map NORTH SITE TAB 4 TAB 5 TAB 6 TAB 7 CARMEL/CLAY BOARD OF ZONING APPEALS – HEARING OFFICER BALLOT SHEET for FINDINGS OF FACT – VARIANCE Docket No.: 18100003 V – Variance from UDO Section 3.91.A: Minimum 30’ wide greenbelt along US 421 required to 19’ width proposed. Petitioner: ICT , LLC 1. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ DATED THIS 26th DAY OF NOVEMBER, 2018. __________________________________________________ Hearing Officer CARMEL ADVISORY BOARD OF ZONING APPEALS – HEARING OFFICER CARMEL, INDIANA Docket No.: 18100003 V – Variance from UDO Section 3.91.A: Minimum 30’ wide greenbelt along US 421 required to 19’ width proposed. Petitioner: ICT, LLC FINDINGS OF FACT – DEVELOPMENT 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 requested variance is necessary in order to develop the real estate for a restaurant with a drive-thru window, consistent with other business and commercial uses in the general vicinity. As a result, approval of the variances 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: The requested variance is necessary in order to develop the real estate for a restaurant with a drive-thru window. The uses along the Michigan Road corridor and are business and commercial in nature and proposed new use is consistent with those business and commercial uses, including restaurant uses with drive-thru windows. As a result, approval of the variances will not impact the areas adjacent to the property in a substantially adverse manner. 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 strict application of terms of the Zoning Ordinance to the property will result in a practical difficulty because the applicant will be unable to design an efficient and effective site circulation plan for the proposed building and uses permitted by the underlying zoning. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 18100003 V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this 26th day of November, 2018 ____________________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals Member ________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). TAB 8 CARMEL/CLAY BOARD OF ZONING APPEALS – HEARING OFFICER BALLOT SHEET for FINDINGS OF FACT – VARIANCE Docket No.: 18100004 V – Variance from UDO Section 3.95.F: Drive-Thru location at rear of tract required to North side of building requested. Petitioner: ICT , LLC 1. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ DATED THIS 26th DAY OF NOVEMBER, 2018. __________________________________________________ Hearing Officer CARMEL ADVISORY BOARD OF ZONING APPEALS – HEARING OFFICER CARMEL, INDIANA Docket No.: 18100004 V – Variance from UDO Section 3.95.F: Drive-Thru location at rear of tract required to North side of building requested. Petitioner: ICT, LLC FINDINGS OF FACT – DEVELOPMENT 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 requested variance is necessary in order to develop the real estate for a restaurant with a drive-thru window, consistent with other business and commercial uses in the general vicinity. As a result, approval of the variances 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: The requested variance is necessary in order to develop the real estate for a restaurant with a drive-thru window. The uses along the Michigan Road corridor and are business and commercial in nature and proposed new use is consistent with those business and commercial uses, including restaurant uses with drive-thru windows. As a result, approval of the variances will not impact the areas adjacent to the property in a substantially adverse manner. 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 strict application of terms of the Zoning Ordinance to the property will result in a practical difficulty because the applicant will be unable to design an efficient and effective site circulation plan for the proposed building and uses permitted by the underlying zoning. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 18100004 V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this 26th day of November, 2018 ____________________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals Member ________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).