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Home My WebLink AboutFindings of Fact CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06030013V Petitioner: Wal-Mart Real Estate Business TrustlWal-Mart Stores East. L.P. FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the subiect orooertv will be better landscaoed and orovide better oedestrian access than if there were sianificant develooment close to Michiaan Road. and the overall desian of the site from a traffic flow/oarkina oersoective is enhanced bv the arantina of the variance. Additionallv. the Aoolicant has orooosed a aazebo buildina meetina the yard requirement. which will orovide the aeneral DubHe with an aestheticallv oleasina view and olace to stoo. 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 orooerties adiacent to the subiect orooerty. which are all zoned B-3. will be well screened bv the landscaoina on the subiect orooertv. and the subiect orooertv also orovides ootential connectivity to the north and south adioiners. which will enhance the value of said orooerties. 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: the subiect orooertv is narrow (692' -728') and deeD (1340' - 1570'). and is also subiect to the Town of Zionsville Michiaan Road Overlav Ordinance. The develooment standards of the two Overlay Ordinances. (Carmel and Zionsville), includina the reauirement in the Zionsville Ordinance that all buildinas must face Michiaan Road. renders it difficult to develoo the subject orooertv with a maximum setback of 120 feet. which is less than 10% of the depth of the subiect orooertv. Not all develooment standards of the Carmel Michjaan Road Overlav Ordinance can be met. even if a minimum size orincioal buildina was erected on the subject orooertv and met the maximum front yard reauirement. DECISION IT IS THEREFORE the decision of the Carmel/Clay 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. A opted this ")..-z...- day of /~ -r ~~ C IRPERSON, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). ?~ SECRETARY, Carmel/Clay Board of Zoning Appeals 724347_\.DOC CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06030013V Petitioner: Wal-Mart Real Estate Business TrustlWal-Mart Stores East. L.P. FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. ~_a1 ;:.-.;.~ !)cL/lvcI 4M1 f) llttA/ /lit f,{t ~IA ~{1 GfL- tl;N1( () 'H; ,M7r Mf- DATED THIS 2t~AY OF ry .2006 2006 ~j("t4.~ Boar. Member 724347_l.DOC CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06030013V FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE Petitioner: Wal-Mart Real Estate Business TrustJWal-Mart Stores East. L.P. 1. 2. /Vc) rCvvCL DATEDTHIS~AYOF ~.2006 2006 / ~~/- 724347_J.DOC ~ :&.DDJc; CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06030013V Petitioner: Wal-Mart Real Estate Business TrustIWal-Mart Stores East. L.P. 1. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) ~ .--;- 2. :~ tv LL--- '2E fl-l) V f:-t~ ts~ d_~ ~ 7#z %C~/ f;~ ,19,6 N /f ~ .,o/I/l-LL /J1-11vlJ Z:if3 . ~ DATED THIS ~AY OF Jfj~ .2006 2006 l1iL~ Board Memtier /l-iVItt/ 724347_1.DOC CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06030013V Petitioner: Wal-Mart Real Estate Business TrustIWal-Mart Stores East. L.P. FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. ~. DATED THIS BdoAY OF rnt~ 2006 .2006 1// --E TD 10/ ~_~_~_E- ~ EcQ U {;-S T '~t:-- V A~ \ f'\~ G ~ ~~~ Boa . ember 74720_I.DOC CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06030013V Petitioner: Wal-Mart Real Estate Business TrustIWal-Mart Stores East. L.P. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. a~ J~.f ~ r /J. e- ~~ I,~I- JlIU e./""zrM'/ tI"e-1uv GfH.. J - ~ f f'~ r ~~ t,~f- 2. ~ 3. DATED THlsLZ DAY OF 2006 .2006 k~ d!k-' /oard Member 724347_I.DOC