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HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICER CARMEL,INDIANA Docket No.: PZ-2021-000193 V Petitioner: EFN Crossroads Property.LLC Request: Flood Hazard Ordinance, Chapter 10,Article 5,Chapter 5 (A)(11)pertaining to off-site mitigation. 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 variance will not be injurious to the public health, safety, morals and general welfare of the community because the Carmel Department of Engineering has reviewed and approved the off-site mitigation plan that is the subject of the requested variance. 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 off-site mitigation plan addresses all necessary engineering standards in a manner consistent with providing mitigation on-site. 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 Carmel Department of Engineering has approved the off-site mitigation plan that necessitates the requested variance and absent the variance, the Applicant will be unable to use the Real Estate for its intended purpose. DECISION IT IS THEREFORE the decision of the Cannel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. PZ-2021-000193 V is granted, subject to any conditions state ' he minutes oft is meeting,which are incorporated herein by reference and made a part hereof. o d t is S day f D e ber,2021. B+OA 0 EALS HEA NG OFFICER,Member of Carmel Board of Zoning Appeals ( % VYLD SECRETARY,Carmel Board of Z A, Appeals