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HomeMy WebLinkAboutFindings of Fact_PZ-2022-00216Page 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-2022-00216 UDO Section 5.19.F.3 Variance request for required foundation plantings. Chick-fil-A has provided a foundation planting bed along the west side of the building. Foundation plantings are not provided on the north, east, and south sides of the building due to site constraints. Plantings cannot be provided along the north side of the building due to the lack a space from the drive- thru lane. The drive-thru lane canopy also covers the majority of the area adjacent to the north side of the building. Providing plantings along the east side of the building poses challenges due to the location of the two doorways. Deliveries and other operational tasks will be routed through these doors and there will need to be enough room, free of obstacles, to complete these operations. Providing foundation plantings along the south of the building also poses some challenges. From Chick-fil-A's experience, providing foundation plantings allows water to infiltrate up against the building which can lead to freeze/thaw issues and the heaving of concrete sidewalk in front of doorways. Chick-fil-A has also found foundation planting areas to be trash collectors and Chick-fil-A strives to ensure that the front of their stores look presentable at all times. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: providing foundation plantings can allow water to infiltrate up against the building which can lead to freeze/thaw issues and the heaving of concrete sidewalk in front of doorways. This could lead to pedestrian access/safety issues at the building entrances. Decreasing the amount of foundation plantings will help reduce these concerns. 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 Chick-fil-A site will still be attractively landscaped. The proposed landscape will provide interest to the site and will compliment the surrounding commercial 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: providing foundation plantings can allow water to infiltrate up against the building which can lead to freeze/thaw issues and the heaving of concrete sidewalk in front of doorways. This could lead to pedestrian access/safety issues at the building entrances thus providing operational issues for the restaurant.