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HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06050011 V Petitioner: Duke Construction Limited Partnership 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: all building, health and safety codes and regulations will be adhered to for this development. The development standards in question are internal to the Parkwood development and can in no way injure the public or the community. 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 Petitioner owns all areas adjacent to the subject property. The subject property was developed by the Petitioner and then sold to Indiana Insurance Company. who had full knowledge of the additional office buildings and parking garages planned for Parkwood. The adjacent property has a garage of similar height. 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: parking ~arages. such as the one proposed. were contemplated within the development from the beginning. The grade elevation change on the site makes a grade-plus-two level garage impossible to accomplish. DECISION IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance Docket No. 06050011 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. June ,20~ C IRPERSON, CarmeVClay Board of Zoning Appeals SECRETARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). 724991JDOC CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06050011 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June ,20 06. I'.~ Board Mem~ 724991_3. DOC CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06050011 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June ,20 06. ~~~~ 72499 IJ DOC CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06050011 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June '2~~~ Mard Member 724991_3.DOC CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06050012V Petitioner: Duke Construction Limited Partnership 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: all building. health and safety codes and regulations will be adhered to for this development. The development standards in question are internal to the Parkwood development and can in no way injure the public or the community. 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 Petitioner owns all areas adjacent to the subject property. The subject property was developed by the Petitioner and then sold to Indiana Insurance Company. who had full knowledge ofthe additional office buildings and parking garages planned for Parkwood. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use ofthe property because: it is not unusual for a single tenant building. to be sold to the occupant which creates "arbitrary" and meaningless property lines internal to a large integrated development such as Parkwood. Parking garages. such as the one proposed. were contemplated within the development from the beginning. Technically. the property has no front yard. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 06050012 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. June , 20 ..QQ.... SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). 724991_ 4.DOC CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06050012 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June ,20 06. j;~ Board Member 724991_ 4.00C CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06050012 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June ,20 06. ~~,~ B Member .. --- 724991_ 4.DOC CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06050012 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June ,20 06'~. n :L~ Boar1ember "-. 724991_ 4.DOC CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06050013 V Petitioner: Duke Construction Limited Partnership FINDINGSOFFACT-DEVELOPMENTSTANDARDSV~CE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: all building. health and safety codes and regulations will be adhered to for this development. The development standards in question are internal to the Parkwood development and can in no way iniure the public or the community. 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 Petitioner owns all areas adjacent to the subiect property. The subject property was developed by the Petitioner and then sold to Indiana Insurance Company. who had full knowledge of the additional office buildings and parking garages planned for Parkwood. 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: it is not unusual for a single tenant building to be sold to the occupant which creates "arbitrary" and meaningless property lines internal to a large integrated development such as Parkwood. Parking garages. such as the one proposed. were contemplated within the development from the beginning. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 06050013 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. , 20 J!2.... SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to'sign). 724991JOOC CARMEL ADVISORY BOARD OF WNING APPEALS Carmel, Indiana Docket No.: 06050013 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June ,20 06. BO~dM.tt ~ 724991JDOC CARMEL ADVISORY BOARD OF WNING APPEALS Carmel, Indiana Docket No.: 06050013 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June ,20 06. Z~0::/~ Boar er /' 724991_5.DOC CARMEL ADVISORY BOARD OF WNING APPEALS Carmel, Indiana Docket No.: 06050013 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June .20M~d~ BoarcyrKember . ' 724991_S.DOC CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06050014 V Petitioner: Duke Construction Limited Partnership 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: all building. health and safety codes and regulations will be adhered to for this development. The development standards in question are internal to the Parkwood development and can in no way injure the public or the community. 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 Petitioner owns all areas adjacent to the subiect property. The subiect property was developed by the Petitioner and then sold to Indiana Insurance Company. who had full knowledge of the additional office buildings and parking garages planned for Parkwood. 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: parking garages. such as the one proposed. were contemplated within the development from the beginning. This is a 7.81 acre site. yet it is impossible to construct a parking garage of sufficient size and still meet the side yard lot coverage requirement. DECISION IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance Docket No. 06050014 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. J~e , 20 ..QQ.... C ERSON, CarmeVClay Board of Zoning Appeals SECRETARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). 724991_6.DOC CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06050014 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June ,2006. / BO~M~ P 724991_6.DOC CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 06050014 V Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June ,20 06. B~~ ~~ 724991_6.DOC CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06050014 V Petitioner: Duke Construction Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 26th DAY OF June '20~~//~ Boar~ember 72499 1_6. DOC