HomeMy WebLinkAboutFindings of Fact_Signed CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL,INDIANA
Docket \o.: PZ-2022-00040V
Petitioner K&J Investments XVI.LLC—Culver's Restaurant Carmel Drive
Request: UDO Section 5.30 Minimum Parking Spaces Required: The UDO standard requires 70
spaces; the variance requests 46 spaces.
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 number of proposed parking spaces will
accommodate the anticipated needs of the Applicant and should not result in any negative
impacts 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:
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 proposed use is a
permitted use in the B-8/Business zoning classification and the requested variance pertaining to
the number of parking spaces seeks reasonable relief from the required standard and should not
have a substantially adverse impact on the use and value of the area adjacent to the subject Real
Estate.
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: (i)the site is the subject of redevelopment effort that will improve the
aesthetic along this segment of Cannel Drive (a car wash previously occupied the site, but has
since been vacant for a number of years): and, (ii) to an extent the existing shape of the Real
Estate and the redevelopment of the site limit the available areas for parking spaces while still
accommodating the Applicant's needs for an appropriate and necessary building footprint and
internal floor plan. Due to the foregoing, absent approval of the requested variance pertaining
to the number of required parking spaces, the Applicant will be substantially impacted on how
it is able to utilize the Real Estate for its intended purposes.
Page 1 of 2
DECISION
IT IS THEREFORE the decision of the Cannel Board of Zoning Appeals that Development Standards
Variance Docket No. P -2022-00040V is granted, subject to any conditions stated in the minutes of
this meeti ich i corporated herein by reference and made a part hereof.
Adopte 2 - y A 1,2022.
PPE LS M MBER,Carmel Board of Zoning Appeals
SEC ARY,Cannel Board of Zoning Appeals
Conditions of the Board are listed on the back.(Petitioner or his representative to sign).
Page 2 of 2
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL,INDIANA
Docket No.: PZ-2022-00042V
Petitioner: K&J Investments XVI.LLC—Culver's Restaurant Carmel Drive
Request: UDO Section 2.32 Maximum Parcel Coverage Required: The UDO standard requires a
maximum of 60%parcel coverage; the variance requests 68.3%parcel coverage.
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 site will comply with all other required
standards and requirements related to drainage and the variance only requests the relief
necessary to accommodate its site development on the Real Estate. As a result, approval of the
Applicant and should not result in any negative impacts 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:
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 proposed use is a
permitted use in the B-8/Business zoning classification, the site will comply with all other
required standards and requirements related to drainage and the variance only requests the
relief necessary to accommodate its site development on the Real Estate. As a result, the
requested variance should not have a substantially adverse impact on the use and value of the
area adjacent to the subject Real Estate.
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: (i)the site is the subject of redevelopment effort that will improve the
aesthetic along this segment of Carmel Drive (a car wash previously occupied the site, but has
since been vacant for a number of years); (ii)development of the site will comply with all other
required standards and requirements related to drainage; and (iii)the variance only requests the
relief necessary to accommodate its site development on the Real Estate. Due to the foregoing,
absent approval of the requested variance pertaining to the maximum allowable percentage of
parcel coverage, the Applicant will be substantially impacted on how it is able to utilize the
Real Estate for its intended purposes.
Page 1 of 2
DECISION
IT IS THEREFORE the decision of the Cannel Board of Zoning Appeals that Development Standards
Variance Docket No. PZ-2022-00042V is granted, subject to any conditions stated in the minutes of
this meetin_th' are incorporated herein by reference and made a part hereof.
Adopted f April,2022.
, -419-7g,---
BOARD : MEMBER,Cannel Board of Zoning Appeals
.1
SEC' : ►ARY,Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back.(Petitioner or his representative to sign).
Page 2 of 2
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL,INDIANA
Docket No.: PZ-2022-00043V
Petitioner: K&J Investments XVI,LLC—Culver's Restaurant Carmel Drive
Request: UDO Section 5.39 (H)Number of Permitted Sim: The UDO standard would permit 1
sign; the variance requests a ground sign and a wall sign.
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 site is located along a corridor of Carmel
Drive that includes many different types of businesses, including drive-thru restaurants, all with
signage. The requested additional signs are generally consistent with other types of drive-thru
restaurants in the general vicinity of the subject Real Estate and the additional signage will
provide additional identification for the general public traveling on the adjacent roadways. As
a result, approval of the Applicant and should not result in any negative impacts 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:
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 proposed use is a
permitted use in the B-8/Business zoning classification, the site is located along a corridor of
Cannel Drive that includes many different types of businesses, including drive-thru restaurants,
all with signage. The requested additional signs are generally consistent with other types of
drive-thru restaurants in the general vicinity of the subject Real Estate and the additional
signage will provide additional identification for the general public traveling on the adjacent
roadways. As a result, the requested variance should not have a substantially adverse impact
on the use and value of the area adjacent to the subject Real Estate.
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
because absent the additional signage, the Applicant will be unable to properly and adequately
identify its location to the general public traveling on the adjacent roadways. The additional
signage will assist in providing proper identification which shall assist in efficient and safe
wayfinding to the site from the adjacent roadways.
Page 1 of 2
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards
Variance Docket No. PZ-2022-00043V is granted, subject to any conditions stated in the minutes of
this meeting hic a e incorporated herein by reference and made a part hereof.
Adopted j',' da of A ril, 2022.
if --......-
BOA' I OF PEALS MEMBER,Cannel Board of Zoning Appeals
SECRE RY,Cannel Board of Zoning Appeals
Conditions of the Board are listed on the back.(Petitioner or his representative to sign).
Page 2 of 2