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HomeMy WebLinkAboutFindings of Fact Findings of Fact Variance of Development Standards Section 1.07, Carmel Unified Development Ordinance Compliance: Transportation Plan; Monetary Commitment In-lieu-of Compliance The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the redevelopment of the subject real estate represents a continuation of the extremely successful development and redevelopment of the Main Street commercial corridor as a safe and special urban space and focal point in the city. These standards are incompatible with the approved redevelopment at this location (DP/ADLS). The redevelopment project is supported by and meets the intent of other adopted land use policy. 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 current redevelopment of the real estate was designed in consideration of adopted public plans and policy documents, and site design supports the goals of the adopted documents and achieves the urban form that is encouraged and has come to be expected on Main Street. 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: development plans (DP/ADLS) have been approved for the urban design that is encouraged, has come to be expected on Main Street and is currently under construction, and these standards are incompatible with the approved land use policy and redevelopment plans. Findings of Fact Variance of Development Standards Section 2.36, Carmel Unified Development Ordinance C2: Maximum Lot Coverage The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the redevelopment of the subject real estate represents a continuation of the extremely successful development and redevelopment of the Main Street commercial corridor as a safe and special urban space and focal point in the city. These standards are incompatible with the approved redevelopment at this location (DP/ADLS). The redevelopment project is supported by and meets the intent of other adopted land use policy. 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 current redevelopment of the real estate was designed in consideration of adopted public plans and policy documents, and site design supports the goals of the adopted documents and achieves the urban form that is encouraged and has come to be expected on Main Street. 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: development plans (DP/ADLS) have been approved for the urban design that is encouraged, has come to be expected on Main Street and is currently under construction, and these standards are incompatible with the approved land use policy and redevelopment plans. Findings of Fact Variance of Development Standards Section 5.21, Carmel Unified Development Ordinance C2 Landscaping Standards: Street Trees The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the redevelopment of the subject real estate represents a continuation of the extremely successful development and redevelopment of the Main Street commercial corridor as a safe and special urban space and focal point in the city. These standards are incompatible with the approved redevelopment at this location (DP/ADLS). The redevelopment project is supported by and meets the intent of other adopted land use policy. 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 current redevelopment of the real estate was designed in consideration of adopted public plans and policy documents, and site design supports the goals of the adopted documents and achieves the urban form that is encouraged and has come to be expected on Main Street. 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: development plans (DP/ADLS) have been approved for the urban design that is encouraged, has come to be expected on Main Street and is currently under construction, and alternative landscaping was included in the earlier zoning approvals. Page 8 of 12 File: development standards variance handout 2023 Revised 02/03/2023 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. Page 8 of 12 File: development standards variance handout 2023 Revised 02/03/2023 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. Page 8 of 12 File: development standards variance handout 2023 Revised 02/03/2023 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.