HomeMy WebLinkAboutFindings of Fact_signed 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-2021-00208 V - UDO Section 5.19F
Petitioner: NVS Properties VIII LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
We are set back off Michigan and are a nested site within the development,so the required plantings
would not be visible from any public right of way. We are adding a daycare to the public,and in order
to make it a functioning one that is rode compliant and able to he licensed,we need to provide a
certain amount of usable outdoor space and these changes allow for that.
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 west and north are both sides of the property that aren't visible from any public street, as the
west side of the property abuts the development's stormwater retention pond,and the north side is
dbuttlllg the lea' of All 111dustIlal pool business storage building,alld is nut visible Thum the1I site.
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:
Because of our use (a daycare),outdoor space and playground space is both required by the Health
Department and critical to an ettectiive daycare.UDO Section 5.19.F requires a certain amount of
required plantings facade which we're unable to provide all of them and also provide the playground
spaces.
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.
Adopt day of JAKuGtifc7 20 ;Z
C Al E ON, Carmel Board of Zoning Appeals
SE ETARY, 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-2021-00230 V-UDO Section 3.88C
Petitioner: NVS Properties VIII LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
We are set back off Michigan and are a nested site within the development,so the height is not as visible
from any public right of way.The added height does not provide any function to a 1 story daycare.
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 west and north are both sides of the property that aren't visible from any public street,as the
west side of the property abuts the development's stormwater retention pond,and the north side is
abutting the rear of an industrial pool business storage building,and is not visible from their site.
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:
UDO Section 3.88.0 requires a minimum building height:20'(mean height)required, 16'4.25"requested.
The height would either require extremely tall parapets at the roof,or an unusually tallpitch to the roof to get to
the height required.
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.
G ,HU Van ' . 20 -2
Adop t day of
f
Al E SON, Carmel Board of Zoning Appeals
SE ETARY, armel 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-2021-00231 V - UDO Section 3.88D
Petitioner: NVS Properties VIII LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
We are set back off Michigan and are a nested site within the development,so the rear offset would
not be visible from any public right of way. We are adding a daycare to the public,and in order to
make it a film-tinning nne that is rode compliant and able to he licensed,we need to prnvide a certain
amount of usable outdoor space and these changes allow for that.
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 west and north are both sides of the property that aren't visible from any public street,as the
west side of the property abuts the development's stormwater retention pond,and the north side is
abutting the Iea' of all industiial pool business storage building,and is nut visible fioni then site.
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:
Because of our use (a daycare),outdoor space and playground space is both required by the Health
Department and critical to an ettectiive daycare. UDO Section 3.88.D requires an offset to the rear
facade which we're unable to provide all of them and also provide the playground spaces..
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 aI part hereof.
Adopted 2 day of l4K •• 20 Z
C P R , Carmel Board of Zoning Appeals
S ETAR , 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