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HomeMy WebLinkAboutPacket for BZA HO 11-18-21 FINDINGS OF FACT SHEET-DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner fills out 1-3 and first 2 blanks) Docket No.: PZ-2021-00199 V Petitioner: Carmel Development V, LLC 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: it is not 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: This variance request relates to the North and East property lines. The East property line is a shared drive and will not be adversely effected at all.A majority of the North property line is adjacent to an older retail strip center in which our -development will add value to this parcel,specifically with the addition of parking.The 15 lineal feet at the NE corner of property line abuts a residential lot and where there is currently a 10'utility easement.This location currently has a -transformer,some vegetation,a dilapidated fence and paving. We do not anticipate the garage height at this corner to be - taller than the 18'maximum,but we know it will not be more than 24',in which a portion of this is a wall around the perimeter -of the upper level to shield headlamps from being seen from the ground or shining over into adjacent properties.The garage . upper level elevation is determined by the heigh of the retail and alignment to the upper floors of residential portion of the 3. -building for proper access to elevator lobbies. tl difficulties in the use of the property because: The UDO Section 2.36 maximum 18ft accessory height requirement prevents the property from utilizing standard depth retail -and residential with an efficient garage behind. If the garage cannot utilize the variance from the UDO,it would create a large economic hardship for the project through inefficient modifications of parking spaces,ramping and clearances under _the second level of garage for larger vehicles.Some of these services would require pulling the garage walls inward for service access. The reduction in parking would cause a reduction in the total SF of retail and number of units being proposed as the parking ratios would be less than desirable to support proposed mix of uses. It would also require reducing the height of the retail to an elevation that is inferior to adjacent competition. DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 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 day of , 20 CHAIRPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 11 of 12 Filename:development standards variance application&instructions 2021 Revised 2/25/2021 FINDINGS OF FACT SHEET-DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner fills out 1-3 and first 2 blanks) Docket No.: PZ-2021-00200 V Petitioner: Carmel Development V, LLC 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: it is not 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: This variance request relates to the North and East property lines. The East property line is a shared drive and will not be adversely effected at all.A majority of the North property line is adjacent to an older retail strip center in which our -development will add value to this parcel,specifically with the addition of parking.The 15 lineal feet at the NE corner of • property line abuts a residential lot and where there is currently a 10'utility easement.This location currently has a -transformer,some vegetation,a dilapidated fence and paving. We would be facing this with the corner of the single story parking structure,the addition of a fully walled trash enclosure and we will maintain as much of the vegetation as possible. _The Brick trash enclosure along with landscaping and finished garage facade is an improvement to the un-sightly existing walgreens building and pot holed paving. 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 UDO Section 5.21 setback requirement prevents the property from utilizing standard depth retail and residential with an efficient garage behind. If the garage cannot utilize the variance from the UDO,it would create a large economic hardship for the project through inefficient modifications and parking and ramping. The reduction in parking would cause a reduction in - the total SF of retail and number of units being proposed as the parking ratios would be less than desirable to support proposed mix of uses. DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 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 day of ,20 CHAIRPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 11 of 12 Filename:development standards variance application&instructions 2021 Revised 2/25/2021