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HomeMy WebLinkAboutFindings of Fact/Ballot Sheet CARMEL/CLAY BOARD OF ZONING APPEALS BZA HEARING OFFICER CARMEL, INDIANA Docket No.: PZ-2021-00129 Petitioner: Faith Apostolic Church Request: Development Standards Variance from UDO,Article 2.08 Minimum Front Yard Setback—a 35' Minimum Front Yard Setback is required and the Church is seeking a Minimum Front Yard setback of 6', which is the current front yard building setback for the existing building. FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE The approval of the requested variances will not be injurious to the public health, safety,morals and general welfare of the community because: I. The approval of the requested variance will not be injurious to the public health, safety,morals and general welfare of the community because the requested variance is intended to permit the Applicant to appropriately expand the existing church building and the granting of the variances should not have an injurious impact to the public health,safety,morals and general welfare of the community,because the building expansion is no closer to 116th Street than where the existing building is located today. 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 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 Church has been in existence on the site for a number of years. The proposed church expansion is designed to accommodate the needs of the growing congregation while being sensitive to the uses that surround the subject real estate, with an addition that is no closer to 116th Street than what currently exists today. 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: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant's site because the Applicant will be unable to design an expansion that appropriately addresses the needs of the Church's growing congregation:and,the Applicant is only seeking a variance that is necessary to implement the planned church expansion. DECISION IT IS THEREFORE the decision of the Cannel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. PZ-2021-00129 is granted,subject to any conditions stated in the minutes of this meeting,which are incorporated herein by reference and made a part hereof. Adop a 3`d day of August,2021. BOARD OF APPEALS HEARING OFFICER SEC TAR\ Coar fZ nin d o o g Appeals CARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICER BALLOT SHEET for FINDINGS OF FACT—VARIANCE Docket No.: PZ-2021-00129 Petitioner: Faith Apostolic Church Request: Development Standards Variance from UDO,Article 2.08 Minimum Front Yard Setback—a 35' Minimum Front Yard Setback is required and the Church is seeking a Minimum Front Yard setback of 6', which is the current front yard building setback for the existing building. 3. DATED THIS 23th DAY OF AUGUST,2021. Board of Zoning Appeals,Hearing Officer CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: PZ-2021-00130 Petitioner: Faith Apostolic Church Request: Development Standards Variances from UDO, Article 2.08 Maximum Building Height— a 35' Maximum Building Height is permitted and the Church is seeking a Maximum Building Height of 38.5 for its proposed building addition. FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE 1. The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because the requested variances are intended to permit the Applicant to appropriately expand the existing church building and the granting of the variances should not have an injurious impact to the public health, safety, morals and general welfare of the community,because the building expansion is no closer to 116d'Street than where the existing building is located today and the modest height increase (only applicable to the rear building addition) is characteristic of other churches in 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 use and value of the area adjacent to the real estate that is the subject of the requested variances will not be affected in a substantially adverse manner because the Church has been in existence on the site for a number of years. The proposed church expansion is designed to accommodate the needs of the growing congregation while being sensitive to the uses that surround the subject real estate,with an addition that is no closer to 116'"Street and a height that is modestly over the permitted 35' in height. 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: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant's site because the Applicant will be unable to design an expansion that appropriately addresses the needs of the Church's growing congregation; and,the Applicant is only seeking variances that are necessary to implement the planned church expansion. DECISION IT IS THEREFORE the decision of the Cannel Board of Zoning Appeals that Development Standards Variance Docket No. is granted,subject to any conditions stated in the minutes of this meeting,which are incorporated herein by reference and made a part hereof. ted this 23`d day of August,2021. A D OF APPEALS HEARING OFFICER S:t ETAR ,Carmel Board of Zoning Appeals CARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICER BALLOT SHEET for FINDINGS OF FACT—VARIANCE Docket No.: PZ-2021-00130 Petitioner: Faith Apostolic Church Request: Development Standards Variances from UDO,Article 2.08 Maximum Building Height—a 35' Maximum Building Height is permitted and the Church is seeking a Maximum Building Height of 38.5 for its proposed building addition. DATED THIS 23`h DAY OF AUGUST.2021. Board of Zoning Appeals,Hearing Officer •