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Home My WebLink AboutFindings of Fact/Ballot Sheets FINDINGS OF FACT-USE VARIANCE CARMEL BOARD OF ZONING APPEALS Docket No.19100014UV,19100015UV, 19100016UV,19100017UV Petitioner:Old Town Companies, LLC 1.The grant of this variance will not be contrary to the public interest,due to the existence of special condition(s)such that enforcement of the Unified Development Ordinance will result in unnecessary hardship because: The detached ten lot layout of single family homes gives variety to the residential choices in the overall site,while there already exist other attached residential options(19100014UV). The farm stand will allow market produce to be sold on site(19100015UV). The full use of the historic home as a restaurant allows it to be repurposed while also best honoring the use of space(19100016UV). The private recreational facility with both fitness and pool gives residents easy,non-vehicular connection to enrich community engagement and health. 2.The grant of this variance will not be injurious to the public health,safety,morals and general welfare of the community because: The restaurant would operate under board of health guidelines and the pool appropriately secured(19100016UV, 19100017UV). The farm stand will encourage community engagement with nature and one another,as well as enriching public health through a local food movement(19100015UV).The single family detached homes allow for a niche community within the development (19100014UV). 3.The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The single family detached homes maintain a similar footprint as those that would be attached and outline a"pocket neighborhood" (similar to that on the south side of Smokey Row Road),(19100014UV). The farm stand adjacent to the garden space honors existing land natural habitat and instead increases the intrinsic value of the land through education and engagement(19100015UV). The pool(19100017UV)occupies yard space nearly adjacent to the proposed restaurant,which repurposes an existing,historic home 19100016UV). 4.The need for the variance arises from a natural condition peculiar to the subject property because: The intended uses require only private pool(19100017UV)but with the density of over 300 various units,the resident amenity space,including a pool,fosters engagement,as does the fullest use of the historic home as a restaurant(19100016UV).UR does not overtly permit farm use with a farm stand,which does increase the desirability of a walkable downtown and interactive citizenry (19100015UV).The single family homes detached honors the open space of the surrounding land while also providing a diverse housing option from the condos,townhomes and apartments proposed here(19100014UV). 5.The granting of this variance does not substantially interfere with the Carmel Comprehensive Plan because: Integration of a community garden,farm stand,and historic home as a farm to fork restaurant promotes being a city of"community character"(policy 6)and"inspiring environmental awareness"(policy 7),while permitting private recreational facility including a pool promotes"healthful living(policy 8).The pocket neighborhood of detached homes encourages being a"city of neighborhoods" (policy 4). IT IS THEREFORE the decision of the Carmer Board of Zoning Appeals that Use Variance Docket No. 16\10 Doh—VI UV is granted, subject to any conditions stated in the minutes of this Board which are incorporated here' by rence and made a part hereof A.: (hi 1rift day of -)00A000 , 20 ad CHAIR''R N Carme Board of Zoning Appeals SECRETAR , arms and Wing Appeals i Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 11 012 filename use vararce application&insliuc.ions 2019 rev.0111C/19 BALLOT SHEET for USE VARIANCE FINDINGS OF FACT CARMEL BOARD OF ZONING APPEALS (Petitioner to fill out first 2 blanks) DocketNo.: 61tCCJ !'-ELW ) ( mil /OO(T1SL.i\ ) I9to :(-)1 ( UV) 19. 1000t7u\ Petitioner: 0 1c\Te,QU Co rn ftf k,) L e.12.0ne c cc, Mc ki r) 1. tf p • 2. 3. 4. 5. 6141 DATED THIS DAY OF alnua'l Board a ber Page 10 of 12 filename: use variance application&instructions 2019 rev.01/10/19 FINDINGS OF FACT-Development Standards Variance CARMEL ADVISORY BOARD OF ZONING APPEALS Docket No. 19100018V, 19100019V, 19100020V, 19100022V Petitioner:Old Town Companies, LLC 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: Extended rear setbacks of up to five additional feet(19100022V,2.18)behind single family homes do not compromise safety through any limitation of appropriate alley space. It(19100018V, 5.71 B)proposes to provide additional commercial office space in a mixed use development; thereby, vary use and access to general public. It(19100019V(19100020V, 2.18)proposes to alter building front setbacks, as well as parking setbacks, and while it alters distance it does not compromise safety by still integrating sidewalks, bike paths,additional open space and alleys. 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 alley dimensions are still appropriate for use and allow for a greater visual of open space,"while rear yard will be single family owned. Commercial space is permitted in UR,this is increasing the%of the building used.As opposed to mixed with residential, additional residential units will be integrated into the site. The setbacks seek to preserve maximum open space while also honoring density and recognizing constraints of the site grade, proximity to US 31,and due to agreed upon ROW line. 3. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: The property owners will not otherwise be able to maximize their rear yard experience while honoring existing grade and alley placement. The anchor tenant of the site intends to be Old Town Companies and Design Group and in order to fulfill office needs, the square footage and limiting three stories,does not leave enough room for a residential component with the building. Similarly the remaining building pads for the commercial point should be more flexible for small businesses to chose either live over work or purely commercial, building ownership or leasing opportunities designed for either. The intersection of Smokey Row Road and US 31 is not conducive to the higher proportion of residential units. DECISION It is there`oie the dcc sion of the Cpprmel Bcarc of Zoning Appeals that Development Standards Variance Docket Nog. 1q10001$'a0 Vi 1g1t)00a1V is granted, subject to any conditions stated in the minutes of this Beard, .vh ch a,e;ncorporated herein by reference and mace a part hereof Q�h • Adapted this — t day cf �A1noa� 20 20 Ci IAIRP� SON t.arr:el Bc rd o`Zoning Appeals SEC- ARY, Carmel Boars c•`Zoning Appeals 1Conditions of approval of the Board, if any, are listed on the Letter of Grant. 1 Page 11 of 12 Filename:development standards variance application and instructions 2019 Revised 01/10/19 BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner only fills out first 2 blanks) Docket No: I ( On° t%V) I ', 10ClO t V7 Vc1 t( :7ZOV) Vk 1000 ZZV Petitioner: �^� l.J r� � � Cs M cr, Y`1 i C a Tc00CCt l i\k•c ().0 1. L_LL 2. 3 1 DATED THIS T DAY OF 0-v►t,4,v 20 aG or , Board Member Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10/19 BALLOT SHEET for USE VARIANCE FINDINGS OF FACT CARMEL BOARD OF ZONING APPEALS (Petitioner to fill out first 2 blanks) Docket No.: C1 10001 q u>✓) j ei (COC l S uN ) 1 9 i 3C`:o l,,(U V) 19 1 O 0O t 7 ii V; Petitioner: U tc�TGv�l fl Corr cxc nitT ) L 1.-Ce.Kehl ec°c. Mc()+..0 kill") 1. 2. 3. 4, 5. DATED THIS °rJ Vl DAY OF Jfc/,'lu-ate y ,20 Board Me er Page 10 of 12 filename: use variance application&instructions 2019 rev.01/10/19 BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner only fills out first 2 blanks) Docket No. �I 000 �� Ci i 0 00 7 � IOW 2-Ov) l rt 100 0 Z.Z V Petitioner: 0 e`.\ —16,AN _Cc; (1T--100eere,, 1\4(lucic.1 A (_LL 2, 3. DATED THIS qjl,i DAY OF j 0 d 20 Ze B and Member Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10l19 BALLOT SHEET for USE VARIANCE FINDINGS OF FACT CARMEL BOARD OF ZONING APPEALS (Petitioner to fill out first 2 blanks) DocketNo.: I C1 10C) 1`-{ Uki ) /()OCAS LJV ) 1c1tCCf UV , 19. 100017Uk'J Petitioner: «T6\I fl rn C-G r�rt ) L LC�_Ke )CC cc, IU lc6 u-C 1v 1. 2. 3. 4. 5. • DATED THIS 0 DAY OF Cheseopy ' 2, B•.r- - :er Page 10 of 12 filename: use variance application&instructions 2019 rev.01/10/19 BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner only fills out first 2 blanks) Docket No.: t OC10 k ,V) I (i t 0 00 t S V) c1 1( 2-0V) t ct 100 0 121/ Petitioner: n k l\ -T.-0v1V r. Cr„r,c, Y i, C tf•R\Dee_f C. Akc( uc k. v1 LLC. 1. 2. 3 DATED THIS DAY OF 401 200) Board a d Member Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10119 BALLOT SHEET for USE VARIANCE FINDINGS OF FACT CARMEL BOARD OF ZONING APPEALS (Petitioner to fill out first 2 blanks) Docket No.: c (OOc I U J ) 1 I OOP'? U,' ) 1 9 t 3)M t (G U V) 191000t7(1 , \i Petitioner: U(crTC J'1 Cr,rnccnrC ) LLCe.Kkk cC'c. AAAc c kirl� 1. 2. 3. 4. 5. DATED THIS CI DAY OFF 20 Boar e e Page 10 of 12 filename: use variance application&instructions 2019 rev.01/10/19 BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner only fills out first 2 blanks) Docket No. L C7K) tc0i 1171 d 00 t et V) `�� t()COZOV) l l UO O i Z V Petitioner: (� �' -MA) r_c,m cr, r"�.s � ,C 2�02ere-,\. 4(iU 1 C 1. Ue 2, 3 DATED THIS DAY OF.` 20 Z Board Membe Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10l19 BALLOT SHEET for USE VARIANCE FINDINGS OF FACT CARMEL BOARD OF ZONING APPEALS (Petitioner to fill out first 2 blanks) DocketNo.: CI IC )C) CH WI) ( e1 /00c)1> L.lV ) 19loC `( V) 19100017uV, Petitioner: U(cVibk J Cprn tC',) LLC�,K� Oro, MCC) LLC kir, 1. .1 Ceti , ( 2. 3. 4. • 5. • • DATED THIS l " _' DAY OF 1' `-" ,20 - • • Board Member Page 10 of 12 filename: use variance application&instructions 2019 rev.01/10/19 BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner only fills out first 2 blanks) Docket No. I t ( Q1 V) l �1t4(10tWi i,n(-)02_0V) too Z2V Petitioner: r"\ --1- o4,) rsn M c+ r f i r -Qkneerck c.(lucy. $A' 2. 3. DATED THIS DAY OF 1.=ff7.4. trit4 °Z'X�..� 2 , 20 .20 • Board Member • Z Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10l19