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HomeMy WebLinkAboutFindings of Fact_PZ-2022-00215Page 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-2022-00215 UDO Section 3.92.C Variance request to allow light levels to exceed the 0.3 footcandle requirement at the property line. Chick-fil-A is requesting a variance to allow light levels to exceed 0.3 footcandles at the property line. The footcandle level cannot be met along the north and east property lines to the locations of the drive- thru lane canopies. The drive-thru lane canopies are proposed to provide their team members protection from the elements while providing service, taking orders, and delivering food to customers. Lights are provided under the canopies to ensure a safe environment for their team members during nighttime hours. In order to provide ample light to ensure safety, the light produced by the canopies will exceed 0.3 footcandles at the adjacent property lines. The north property line abuts a parking lot for a commercial property. The east property line lies adjacent to a private roadway and shopping center parking lot. Chick-fil-A believes that this excess light at these property lines will have minimal impact to these properties. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the slightly increased light levels will only better the safety of the adjacent roadway and parking lot. Providing some additional light spill over onto these areas will provide better visibility to motorists. 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 north property line abuts a parking lot for a commercial property. The east property line lies adjacent to a private roadway and shopping center parking lot. Chick-fil-A believes that this excess light at these property lines will have minimal impact to these properties. 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: without these increased light levels, the safety of Chick-fil-A’s team members and customers could be affected. The increased light levels ensure that team members and pedestrians can be seen at all times within the drive-thru lane and parking lot.