HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT- USE VARIANCE
CARMEL BOARD OF ZONING APPEALS
(Petitioner to fill out 1-5 +first 2 blanks)
Docket No.: PZ-2022-00185 UV
Petitioner: SCB Home Office, LLC
1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s)such
that enforcement of the Unified Development Ordinance will result in unnecessary hardship because:
The general office market for this real estate is very soft to non-existent, creating a development hardship for the
owner, and the proposed use offers a productive, compatible use of the property that benefits the immediate
vicinity and the greater community.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The proposed use is a commercial operation to be located in a business zoning district, is within the range of land
use intensity for the Permitted and Special Uses listed for the B-5 District in the UDO Land Use Matrix, and the
building end nearest the adjacent residential neighborhood will have acceptable architectural façade details while
limiting patron access to emergency ingress/egress only.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner
because:
The proposed use is similar in intensity to the Permitted and Special Uses listed in the Land Use Matrix, the
building will have 360-degree architectural finishes, and patron activity on the site will be concentrated in the
already-approved parking lot and the primary entrance on the north side of the proposed building (away from the
adjacent residential neighborhood).
4. The need for the variance arises from a natural condition peculiar to the subject property because:
The market for the previously approved office buildings for this real estate was negatively impacted by the recent
health pandemic and has not recovered; the proposed use represents a compatible use of and a value investment
in vacant real estate.
5. The granting of this variance does not substantially interfere with the Carmel Comprehensive Plan because:
The proposed use offers employment opportunity and an amenity for the neighborhood, both nonresidential
and residential alike.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Use Variance Docket No.
PZ-2o2S-O(3 1$5' UV is granted,subject to any conditions stated in the minutes of this Board,which are incorporated
herein by reference and made a part hereof.
do ed y day of D CT• ..)4-20 •
CHAIRPER ON, Carmel Board of Zoning Appeals
i
SECRETARY, Car I Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
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Page 7 of 11 Filename: document1 Rev.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.: PZ-2022-00186 V
Petitioner: SCB Home Office, LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The parking standards for a Commercial Recreational Facility appear to be written for recreational uses that assign
far less area per user than the proposed land use (pickle ball)where an estimated 75% of the interior area of the
building is dedicated to 32 users (active players)at full capacity; if each player drives a car to the facility, there will
be ample parking available for non-player patrons of the facility, no anticipated "overflow" parking need and the
intent of the UDO standard (adequate parking)will still be met.
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:
Sufficient on-site parking will be available for the proposed use, there will be no anticipated "overflow" parking on
surrounding properties and the use and its users will be contained to the property.
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 parking requirements of the UDO far surpass the parking need for the proposed use, and there is insufficient
space on the property to provide the number of required parking spaces causing practical difficulty in the
development of the proposed use on this site.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No.
PZ-20,21-0013(9 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.
n ,
Adopted day of O; • , 20 N- .
1
CH IRP R ON, Carmel Board of Zoning Appeals
il
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
Page 7 of 11 File:development standards variance handout 2022 Revised: 01/03/2022