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HomeMy WebLinkAboutFindings of Fact 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-2022-00074 V (Drive Thru Location) Petitioner: Oberweis Dairy, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: There is substantial vehicle stacking available for the drive-thru, and the drive-thru is located in the best available position on the parcel to minimize pedestrian and vehicular interaction as well as minimize the visibility of the drive-thru lane. 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 development will enhance the use and value of surrounding properties and will provide value to the public. Given the nature of the site, the drive-thru is located in the optimal position. It will not interfere or otherwise substantially impact adjacent properties. 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 nature of this particular site and the roadways surrounding it means that there is not truly a"rear of the parcel." We located the drive-thru according to the recommendation of staff. DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ- 2022-00074 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 l day of 'U he , 20 c2 . CHAIR E S N, Carmel Board of Zoning Appeals SEC ARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. 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-2022-00075 V(Building Height) Petitioner: Oberweis Dairy, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The variance in building height requested is for the purpose of shielding mechanical equipment on the roof from public view which should enhance the aesthetics of the development. The overall property development is additive to the area, and the building being slightly taller will not be 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: A increased height of 1'to 5'8"will not materially affect the overall aesthetic feel of the area nor detract from the high-end aesthetics, and shielding equipment from public view will positively impact the aesthetics of the area and help to maintain a high-end feel. 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: Either the ceiling height of inside the building will be substantially reduced impacting the nature of the experience intended for the guest or mechanical equipment will be visible to public. DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ- 2022-00075 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made ra�part hereof. �f Adopted this t d of UItI,° , 20 a )... CHAIRPERSON, Ca mel B ar of oning Appeals 7/(/-14 Carmel of ZoningAppeals SECRE RY, C Conditions of approval of the Board, if any, are listed on the Letter of Grant. a 4- 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-2022-00077 V (Number of Signs) Petitioner: Oberweis Dairy, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The development is located along a corridor of Michigan Rd. that includes many different types of businesses with signage. The requested additional signs are consistent with other types of similar uses given that the subject development has three (3) individual brands. Having two additional signs will allow for clear communication to vehicular traffic as to the nature of the products in the building at this development. Therefore, the requested signate will not be 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: An increase in the number of signs should have no meaningful impact on adjacent properties. 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: This development will have three (3) separate brands across four (4) different building faces which reasonably address vehicular traffic. A limitation of three signs to adequately communicate all three brands across all vehicular traffic would be impractical. DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ- 2022-00077 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 /41 day of TU�e , 20 � . All CHAI:4R "N, ' armel Board of Zoning Appeals SECRETA$, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant.