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HomeMy WebLinkAboutFindings of Fact_PZ-2022-00210Page 7 of 11 File: development standards variance handout 2022 Revised: 01/03/2022 FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner fills out 1-3, and first 2 blanks) Docket No.: _______________________________________________ Petitioner: _______________________________________________ 1. The approval of this variance will not be injurious to the public health , safety, morals and general welfare of the community because: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 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: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 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: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ DECISION It is therefore the decision of the Carmel 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. Adopted this _______________ day of __________________________________, 20 _______. _____________________________________________ _____________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. *See attached *See attached *See attached Chick-fil-A, Inc. PZ-2022-00210 UDO Section 5.28.E.4 Variance request to alleviate the requirement for wheel stops within parking stalls that are perpendicular to a pedestrian sidewalk. Chick-fil-A is requesting a variance to eliminate the requirement for wheel stops to be placed in the parking stalls along the west side of the building that are perpendicular to the 6-ft wide pedestrian sidewalk. Four of the five parking stalls along the west side of the building will be handicap parking stalls that will have concrete bollards and associated handicap signs/posts along the front of the stalls. The bollards will be installed just behind the curb to prevent car overhang onto the sidewalk. As currently shown on the Site Plan, pedestrians will have at least a 5-ft wide path of travel along this sidewalk meeting the requirements of ADA Code. Chick-fil-A feels that adding wheel stops to these stalls would be redundant due to the presence of the concrete bollards. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: providing concrete bollards in leu of wheel stops will eliminate a potential tripping hazard thus providing better safety for its’ customers and team members. Chick-fil-A feels that this is especially important in the handicap parking area where this variance is being requested. 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 presence of concrete bollards in leu of wheel stops within the parking stalls on the west side of the building will have little to no impact on the value of the surrounding area. Other uses in the area have implemented concrete bollards within the parking lot. 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: providing wheel stops could create a potential tripping hazard for their customers and team members. Having a potential hazard within the parking lot could pose issues for the operations of the restaurant.