HomeMy WebLinkAboutFindings of Fact
~
.r-", ,
_ ',t-- .
"-i .
1 { .'
/1"\".'
~,\
:.
W'
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No: SU-5-01 Lot 2 and Block D Five (5) Office Buildinl!s (Z.0.11.3)
Petitioner: The J.C. Hart ComDanv. Inc. and CP Moman Co.. Inc.
FINDINGS OF FACT - SPECIAL USE
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended does not apply and
all prerequisites have been met by Petitioner as verified by the fact that none of the subject site is within a flood
plain district.
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and
Carmel/Clay Comprehensive Plan because the Comprehensive Plan suggests high intensity residential, and the
office use is consistent with the proposed multi-family use in the northern portion of the subject site, and is further
consistent with the commercial/industrial uses to the north and south of the subject site.
3. The Special Use is physically suitable for the land in question because the proposed office use provides
transition, or step down, between the multi-family and the commercial/industrial use to the south of the subject site.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because
the proposed office use is less intense than the commercial/industrial use to the south of the subject site.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate
availability of water, sewage, or storm drainage facilities, or police or fire protection because adequate measures
have been taken to diminish the impact on vehicular and pedestrian traffic flow, and the existing availability of
water, sewage, storm drainage facilities, and police and fire protection are sufficient to accommodate the proposed
use.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.4 (1-25) as they relate to this
Special Use, and does not find that those criteria prevent the granting of the Special Use. TruelFalse.
DECISION
IT IS TIlEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket No.
SU-5-01 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 26th day of February, 2001.
~~
CHA ERSON, Carmel/Clay Board of oning Appeals
~
Conditions of the Board are listed on the back. (petitioner or his representative to sign).
SECRETARY, Carmel/Clay Board of Zoning Appeals
....,
I..~r.
, .
~ 0
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: SU-5-01 Lot 2 and Block D Five (5) Office Buildings (Z.O.1l.3)
Petitioner: The J.C. Hart Company, Inc. and CP Morgan Co., Inc.
FINDINGS OF FACT - SPECIAL USE REOUEST (Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
-_.~~
: ~~.~ ~
BOARD MEMBER
F:\User\1anet\JC Hiut\F ofF SU-S-Ot.wpd
~-
I ;r~
'-D
o
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: SU-5-01 Lot 2 and Block D Five (5) Office Buildings (Z.O.n.3)
Petitioner: The J.C. Hart Company, Inc. and CP Morgan Co., Inc.
FINDINGS OF FACT - SPECIAL USE REQUEST (Ballot Sheet)
1.~~~1~~
/
2.
3.
4.
5.
Dated this 26th day of February, 2001.
Qi3u'
BOARIrMEMBER
F:\U.or\1anet\JC Hart\F ofF SU-S-OI.wpd
J\
~ Q
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
..~ r
Docket No.:
SU-5-01 Lot 2 and Block D Five (5) Office Buildings (Z.O.11.3)
Petitioner:
The J.C. Hart Company, Inc. and CP Morgan Co., Inc.
FINDINGS OF FACT - SPECIAL USE REOUEST (Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
~~~
B :ARD MEMBER .
F:\Uoerl1anet\JC Hart\F ofF SU-S-OI.wpd
L/~',
u
Q
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: SU-5-01 Lot 2 and Block D Five (5) Office Buildings (Z.O.11.3)
Petitioner: The J.C. Hart Company, Inc. and CP Morgan Co., Inc.
FINDINGS OF FACT - SPECIAL USE REQUEST (Ballot Sheet)
1.
2.
3.
4.
s.
Dated this 26th day of Febmary, 2001.
~.
BOARD MEMBER
~
F:\UaerlJanet\JC Hart\F ofF SU-S-OI.wpd
,
-\
~ .:"',-
~j;
u
u
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
SU-5-01 Lot 2 and Block D Five (5) Office Buildings (Z.O.11.3)
Petitioner:
The J.C. Hart Company, Inc. and CP Morgan Co., Inc.
FINDINGS OF FACT - SPECIAL USE REOUEST (Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
~.~~
BOARD MEMBER }
F:\UsmJanet\JC Hart\F ofF SU-S-OI.wpd
, .'
~,
Q)
u
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V-6-01 Lot 2 01 Public Frontage (Z.0.2.4)
Petitioner: The I.C. Hart Company. Inc. and CP Morgan Co.. Inc.
FINDINGS OF FACT-DEVELOPMENTAL STANDARDSVARlANCE
1. The approval of this Variance will not be injurious to the public health, safety, morals and
general welfare of the community because:
The private streets will be properly maintained by an association which will provide
for mandatory membership and assessments, and the roads will be constructed and
maintained in a manner that does not interfere with public health and safety.
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 real estate to the north and to the south of the subj ect site is used for commercial
and industrial purposes, and the existence of private streets will not cause a reduction
in the value of surrounding properties.
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:
Absent the variance, the streets internal to the subdivision cannot be private streets.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Developmental
Standards Variance Docket No. V-6-01 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 26'" day of February, 2001. ~ ~ ""
.~~~
C RSON, Carmel/Clay B ar of Zoning Appeals
---
~
/ ~EC~T ~ ' Carmel/Clay Board of Zoning Appeals
Co~ditions of the Board are lis~ k. (petitioner or his representative to sign).
(J)
Q
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V-6-01 Lot 2 0' Public Frontage (Z.0.2.4)
Petitioner: The J.C. Hart Company, Inc. and CP Morgan Co., Inc.
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE
(Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
fM~~
BOARD MEMBER
F:\U.erlJenetIlC Hart\F ofFV-6-01.wpd
i'
l
'-D
Q
1,
I
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V-6-01 Lot 2 0' Public Frontage (Z.0.2.4)
Petitioner: The J.C. Hart Company, Inc. and CP Morgan Co., Inc.
FENDINGSOFFACT-DEVELOPMENTALSTANDARDSV~NCE
(Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
BOARD MEMBER
F:\UamJanet\JC Hart\F ofFV-6-0l.wpd
J: Vi'
Q)
w
\
(, .
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V-6-01 Lot 2 0' Public Frontage (Z.0.2.4)
Petitioner: The J.C. Hart Company, Inc. and CP Morgan Co., Inc.
FINDINGS OFFACT-DEVELOPMENTAL STANDARDS VARIANCE
(Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
~.
f
BO ER
F:\U.er\Janet\1C Hart\F ofFV-6-01.wpd
I .
~ ..
u
u
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V-6-01 Lot 2 0' Public Fr~ntage (Z.0.2.4)
Petitioner: The J.e. Hart Company, Inc. and CP Morgan Co., Inc.
FENDINGS OF FACT-DEVELOPMENTAL STANDARDS VARIANCE
(Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
\~ ~
_..~
BOARD MEMBER
F:\U.er'Janet\1C Hart\F ofFV-6-01.wpd
~~ ~
..
\ -
.
u
u
CITY OF CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V-6-01 Lot 2 0' Public Frontage (Z.0.2.4)
Petitioner: The J.C. Hart Company, Inc. and CP Morgan Co., Inc.
1.
2.
3.
4.
5.
FINDINGSOFFACT-DEVELOPMENTALSTANDARDSVARIANCE
(Ballot Sheet)
Dated this 26th day of February, 2001.
~n~~\~<>~.~
BO MEMBER
F:\User'J8IletIlC HartIF ofF V-6-01.wpd
G\" ....
\~
~
u
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: V -7-01 Lot 1 encroach 25' into North Side Yard (Z.0.II.5 .2)
Petitioner: The 1.C. Hart Company. Inc. and CP Morgan Co.. Inc.
FINDINGS OF FACT - DEVELOPMENTAL 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:
Although the real estate to the north and to the south is zoned S-l, it is used for mining and
commercial operations and, therefore, the office/multi-family use for the subject site is,
essentially, buffering itself from the uses to the north and to the south.
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:
Although the real estate to the north and to the south is zoned S-I, it is used for mining and
commercial operations and, therefore, the office/multi-family use for the subject site is,
essentially, buffering itself from the uses to the north and to the south.
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:
Strict application of the Zoning Ordinance requires a 75' buffer; however, in consideration
of (i) the proposed buffers and landscaping and (ii) the actual uses of surrounding
properties, a 50' buffer is reasonable.
DECISION
IT IS THEREFORE, the decision of the CarmeVClay Board of Zoning Appeals that Developmental
Standards Variance Docket No. V -7 -01 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 26th day of February, 2001.
~\~-~,~~
C~~el/Clay Board 0 Zoning Appeals
~.""" ~~ ~C~TAR~dOfZOningAPPealS
Conditions of the Board are~e bacK. (petitioner or his representative to sign).
I
I
I ,
W)
u
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No: V-7-01 Lot 1 encroach 25' into North Side Yard (Z.O.l1.5.2)
Petitioner: The I.C. Hart COffiDanv. Inc. and CP Morgan Co.. Inc.
FINDINGSOFFACT-DEVELOPMENTALSTANDARDSV~CE
(Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
~~
BO MEMBER \
F:\Usor\1anet\JC Hart\F ofFV-7-O!.wpd
~. ~
o
o
l. -:
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No: V-7-01 Lot 1 encroach 25' into North Side Yard lZ.0.11.5.2)
Petitioner: The I.C. Hart ComDanv. Inc. and CP Morgan Co.. Inc.
FINDINGSOFFACT-DEVELOPMENTALSTANDARDSVAB1ANCE
(Ballot Sheet)
1.1L(?t-l ~~:Pc~ { C-/~ 0 h
2.
3.
4.
5.
Dated this 26th day of February, 2001.
,
BOARD MEMBER
F:\UserJanet\JC HartIF ofF V-7-01.wpd
~;
i'
'-D
u
\
..r c
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No: V-7-01 Lot 1 encroach25'intoNorth Side Yard (Z.O.11.5.2)
Petitioner: The I.C. Hart ComDanv. Inc. and CP Moman Co.. Inc.
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE
(Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
r ~
, ~"~.-.J
BOARD MEMBER
F:\U.erlJanet\JC Hart\F ofFV-7-OI.wpd
r
o
(.)
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No: V-7-01 Lot 1 encroach 25' into North Side Yard (Z.O.11.5.2)
Petitioner: The I.C. Hart Comoanv. Inc. and CP Moman Co.. Inc.
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE
(Ballot Sheet)
1.
2.
3.
4.
5.
Dated this 26th day of February, 2001.
~
BOARD MEMBER
F:\U.etJBIlCt\1C Hart\F ofFV-7-01.wpd
I
, J .
(J)
Q
:, \'
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No: V-7-01 Lot 1 encroach 25' into North Side Yard (Z.O.11.5.2)
Petitioner: The I.C. Hart Comoanv. Inc. and CP Moman Co.. Inc.
FINDINGSOFFACT-DEVELOPMENTALSTANDARDSVABIANCE
-<rJ. ,..._~ (Ballot Sheet)
/'" - I""?:?
1.
2.
v ""~-..- p., ~ 14~ 1'M-.7Iu ~
4.
5.
Dated this 26th day of February, 2001.
BOARD MEMBER
F:\User\1B11et\1C Hart\F ofF V-7-01.wpd