HomeMy WebLinkAboutEx. C Findings of Fact Use VarianceEXHIBIT “C”
CARMEL ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT SHEET - USE VARIANCE
Requested Variance: The applicant is seeking the following variance:
1. Allow a hotel use on the first floor of a multi-story multi-tenant
building. (ZO Chapter 2.39);
FINDINGS OF FACT
1. The grant of this variance will not be contrary to the public interest, due to the existence of
special conditions such that the enforcement of the Unified Development Ordinance will result
in unnecessary hardship because:
The Applicant proposes to build a multi-story multi-tenant structure on the Real Estate for
purposes of using the structure as a hotel and a mix of retail and restaurants for public use.
The hotel will have the lobby, exercise space, laundry, and pool on the ground floor with the
guest rooms on the second floor and above. The special conditions that pose an unnecessary
hardship relate to the fact that the properties to the surrounding the Real Estate are zoned MC
Meridian Corridor with office and retail uses. The Avid Hotel would compliment this region
with the various uses associated.
2. The grant of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
In addition to the reasons set forth in Paragraph #1 above, the approval of the requested use
variance will not be injurious to the public health, safety, morals and general welfare of the
community because the requested variance would allow a multi-tenant multi-level mixed use
commercial building complementary of the surrounding uses. The proposed Avid Hotel will
have attractive architecture and provide retail and restaurant uses for the surrounding area.
3. The use or value of the area adjacent to the subject property will not be substantially affected in
any adverse manner because:
In addition to the reasons set forth in Paragraph #1 and #2 above, the use and value of the area
adjacent to the real estate that is the subject of the requested variance will not be affected in a
substantially adverse manner because the commercial building would be complimentary to the
office and retail uses that surround the site and the Avid Hotel would have improved features,
amenities, and services available to its guests.
4. The need for the variance arises from a natural condition peculiar to the subject property
because:
The existing MC zoning does not permit limited hotel use on the first floor, despite the intent of
the MC zoning district which allows a hotel use on upper floors only. For safety reasons, the
hotel would allow the general public access to remain on the first floor and all rooms on the
second through fourth floors.
5. The granting of this variance does not substantially interfere with the Carmel Comprehensive
Plan because:
Avid Hotel follows the intent of the MC Meridian Corridor zoning district that includes a mix of
residential and commercial uses and buildings where the focus is to encourage an employment
corridor along US Highway 31. The proposed building compliments other buildings within the
US Highway 31 corridor while accommodating a day and night culture within the region.