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.