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Findings of Fact FINDINGS OF FACT SHEET-DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3 +first two blanks) Docket No.: PZ-2023-00035 V Petitioner: Edward Rose Properties, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: This portion of the City is designated as a "Downtown"development pattern area by the Comprehensive Plan, and the proposed development has been designed in an urban fashion, and in coordination with the City, to compliment the existing surrounding transportation network to the benefit of 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: Areas adjacent to the property have been developed, or are being redeveloped, with similar patterns of trails, sidewalks, and streets. The development's transportation network has been designed with the plaza layout in mind to provide the most room for public amenity space to the benefit of the community. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: The property cannot be developed with the most beneficial layout when strictly adhering to the UDO. The Transportation Plan needs to be varied from in order to develop a high-quality urban development with the best transportation network for people, bicycles, and vehicles, as coordinated with the CRC. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00035V 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 27th day of March 20 23 HEARING OFFICER, Carmel Board of Zoning Appe SEC" TARY, armel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 8 of 12 File:Icon on Main FoF Revised:02/03/2023 FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3 +first two blanks) Docket No.: PZ-2023-00036 V Petitioner: Edward Rose Properties, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: This portion of the City is designated as a "Downtown"development pattern area by the Comprehensive Plan. The variance approval will allow for a higher density use of the property in this downtown area, which will be beneficial, not injurious, to 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: Areas adjacent to the property are also within the City's downtown and have been developed, or are being redeveloped, in a similar high-density manner. Therefore, the use and value of the adjacent areas will benefit from the higher density that the approval of this variance will provide. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: The property cannot be developed with the desired density when strictly adhering to the UDO. The max lot coverage percentage needs to be increased in order to build the parking garage, provide the east/west connection along the south property line, and provide the plaza amenities as coordinated with the CRC. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00036 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. Adopted this 27th day of March 20 23 HEARING FFICER Carmel Board of Zoning Appeals_ SECR RY Carmel Board of Zoning Appeals eals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 8 of 12 File: Icon on Main FoF Revised:02/03/2023