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HomeMy WebLinkAboutFindings of Fact CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06060009V Petitioner: Civil Designs, LLP I Darci Pellom 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: the loss of the six foot greenspace will not negatively impact the development with the 30' greenbelt in place and the . .. the addition of the perimeter parking landscape requirements being located in the greenbelt area. The site will be better balanced by the addition of greenspace in the rear of the outlots. 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 same amount of landscaping will be used to create the Streetscape along Michigan Road as required by the ordinance, while being able to provide a larger greenspace in the rear of the outlots along the main access drive into Weston Pointe, which creates a small buffer along the back of the outlots. 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: An overall plan was approved for the retail portion of the site while the outlots need future ADLS approval. The site was laid out with the curb line alono U.S. 421 and the addition of the perimeter parkino could impact the entire site as a whole and the existing utility easments that,traverse the front of the outlots. Adding the 6' perimeter parking requirement could encroach on the utilities and create difficulties in locating the greenbelt landscaping. DECISION IT IS THEREFORE the decision of the Carmel/Clay 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 2.~ day of .Jvlr r ~~~ ~ ,20 C5 1- CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:\shared\forms\BZA applications\ D.....lopment Standards V_nee Application rev. 01/0312006 ,r;.f" :", CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 0606009V Petitioner: Civil Designs, LLP I Darci Pellom FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 24th DAY OF July .20 06 ~;t~ Soald Member Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/0312006 ., .. CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06060009V Petitioner: Civil Designs, LLP I Darci Pellom 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: the loss of the six foot greens pace will not negatively impact the development with the 30' greenbelt in place and the .. .. the addition of the perimeter parking landscape requirements being located in the greenbelt area. The site will be better balanced by the addition of greenspace in the rear of the outlots. 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 same amount of landscaping will be used to create the Streetscape along Michigan Road as required by the ordinance, while being able to provide a larger greenspace in the rear of the outlots along the main access drive into Weston Pointe, which creates a small buffer along the back of the outlots. 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: An overall plan was approved for the retail portion of the site while the outlots need future ADLS approval. The site was laid out with the curb line alonQ U.S. 421 and the addition of the perimeter parkinQ could impact the entire site as a whole and the existing utility easments that traverse the front of the outlots. Adding the 6' perimeter parking requirement could encroach on the utilities and create difficulties in locating the greenbelt landscaping. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 06060009V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. 24th day. of July , ,2006 IRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:\shared\lonns\BZA appncaUons\ Devalopment Standards Variance Application rev. 01/0312006 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 0606009V Petitioner: Civil Designs, LLP I Darci Pellom FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. ,; 3. DATED THIS ;;z..j/ r DAY OF "JJL /' ,20 0 t- ~~ e.-' " oard Member Page 7 of 8 - z:\shallld\fonns\BZA appficatlons\ Development Standards Variance Application illY. 0110312006 ? ~ CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 0606009V Civil Designs, LLP I Darci Pellom FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 24th DAY OF July ,20 06 BoarnM~ ~.~ Page 7 of 8 - z:\sharedlfonnslBZA appllcationsl Development Standards Variance Application rev. 01/0312006 r ... CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06060009V Petitioner: Civil Designs, LLP I Darci Pellom 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: the loss of the six foot greenspace will not negatively impact the development with the 30' greenbelt in place and the .. .. the addition of the perimeter parking landscape requirements being located in the greenbelt area. The site will be better balanced by the addition of greenspace in the rear of the outlots. 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 same amount of landscaping will be used to create the Streetscape along Michigan Road as required by the ordinance, while being able to provide a larger greenspace in the rear of the outlots along the main access drive into Weston Pointe. which creates a small buffer along the back of the outlots. 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: An overall plan was approved for the retail portion of the site while the outlots need Mure ADLS approval. The site was laid out with the curb line alono U.S. 421 and the addition of the perimeter parkino could impact the entire site as a whole and the existing utility easments that traverse the front of the outlots. Adding the 6' perimeter parking requirement could encroach on the utilities and create difficulties in locating the greenbelt landscaping. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 06060009V 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 24th day of July .2006 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals f+;. .~l SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:\shared\fonns\BZA appllcations\ Development Standards Variance Application rev. 0110312006 ~, . CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 0606009V Petitioner: Civil Designs, LLP I Darci Pellom FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 24th DAY OF July ,20 06 ~K~ rd Member ;7 Page 7 of 8 - z:\shared\fonnsIBZA appllcationsl Development Standards Variance Application rev. 01103/2006 . CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06060009V Petitioner: Civil Designs, LLP I Darci Pellom 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 ofthe community because: the loss of the six foot greenspace will not negatively impact the development with the 30' greenbelt in place and the .. .. the addition of the perimeter parking landscape requirements being located in the greenbelt area. The site will be better balanced by the addition of greenspace in the rear of the outlots. 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 same amount of landscaping will be used to create the Streetscape along Michigan Road as required by the ordinance, while being able to provide a larger greenspace in the rear of the outlots along the main access drive into Weston Pointe, which creates a small buffer along the back of the outlots. 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: An overall plan was approved for the retail portion of the site while the outlots need Mure ADLS approval. The site was laid out with the curb line alon!:! U.S. 421 and the addition of the perimeter parkin!:! could impact the entire site as a whole and the existing utility easments that traverse the front of the outlots. Adding the 6' perimeter parking requirement could encroach on the utilities and create difficulties in locating the greenbelt landscaping. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 06060009V 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 24th day of July ,2006 ~.cC-7~ CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:\shared\fonns\BZA applicatlons\ Development Standards Varlanca Application rev. 01/0312006 j o J .0 J \j J '0 :J J U .0 1] J o j j j Jj CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 0606009V Civil Designs, LLP I Darci Pellom . FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS ?11 DAYOF ~ ,20 [) (;) Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 0110312006