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HomeMy WebLinkAboutFindings of Fact ;i " CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06020009-V Petitioner: Buckingham Properties, Inc., its successors and assigns FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED this 27th day of February, 2006. Boif~~~ ,. ~ EXHIBIT "C" CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.:06020009- V Petitioner: Buckingham Properties, Inc., its successors and assigns FINDINGSOFFACT-DEVELOPMENTALSTANDARDSV~CE 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because: An existing mature tree buffer area currently exists on the school property. which is east of and adjacent to the Arden Townhome site. This existing mature tree buffer area shall serve as an appropriate screen and buffer between the two (2) properties. 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: An existing mature tree buffer area currently exists on the school property. which is east of and adjacent to the Arden Townhome site. This existing mature tree buffer area shall serve as an appropriate screen and buffer between the two (2) properties. Further. granting the variance reQuest will not have an adverse impact on the use and value of the area adjacent to the subject property. 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: Absent approval of the Development Standards Variance ReQuest relating to the perimeter planting and buffer yard reQuirements. Buckingham will be prevented from developing the site pursuant to the pending ADLS/DP Application which is on file with the Plan Commission. Further. Buckingham has preserved other substantial tree areas within its property boundaries and the existing mature tree buffer area on the school property shall serve as an effective and appropriate screen between the two (2) properties. DECISION IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Developmental Standards Variance Docket No. 06020009-V 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 27'" day OfFe~06. ,A.;J.d~ Hearing cer, Carmel Board of Zomng Appeals SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). H:IBRADIBUCKINGHAM\ARDEN\DSV-APP.BZA.DOC