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HomeMy WebLinkAboutFindings of Fact_SW Findings of Fact Waiver Request to Subdivision Design Standards Section 6.15, Carmel Unified Development Ordinance Minimum Required Open Space The granting of the Design Standard Waiver will not be detrimental to public safety, health, or welfare, or otherwise be injurious to other property, because the redevelopment and replatting 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. The redevelopment project is supported by adopted land use policy. The subdivision plat design supports the redevelopment project. The conditions upon which the request for the Design Standard Waiver is based are unique to the property for which the Design Standard Waiver is sought and are not applicable generally to other property, because the waiver is sought for a design standard that is more akin to greenfield development or development that is more suburban in nature and outside of the Main Street commercial corridor. The design standard would detract from the urban form that is encouraged and has come to be expected on Main Street. A particular hardship or practical difficulty due to unique circumstances would result if the strict letter of these regulations is carried out, because development plans have been approved for the urban design that is currently under construction, and the subdivision plat could only be generated after construction commenced and lot delineations based on building footprints could be confirmed. The provisions of Article 5: Development Standards, the Carmel Clay Comprehensive Plan, particularly the Bike and Pedestrian Plan are not in any manner subverted, because the current redevelopment of the real estate was designed in consideration of adopted public plans and policy documents, and site and, therefore, subdivision design support the goals of the adopted documents. Findings of Fact Waiver Request to Subdivision Design Standards Section 6.15, Carmel Unified Development Ordinance Minimum Perimeter Landscaping The granting of the Design Standard Waiver will not be detrimental to public safety, health, or welfare, or otherwise be injurious to other property, because the redevelopment and replatting 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. The redevelopment project is supported by adopted land use policy. The subdivision plat design supports the redevelopment project. The conditions upon which the request for the Design Standard Waiver is based are unique to the property for which the Design Standard Waiver is sought and are not applicable generally to other property, because the waiver is sought for a design standard that is more akin to greenfield development or development that is more suburban in nature and outside of the Main Street commercial corridor. The design standard would detract from the urban form that is encouraged and has come to be expected on Main Street. A particular hardship or practical difficulty due to unique circumstances would result if the strict letter of these regulations is carried out, because development plans have been approved for the urban design that is currently under construction, and the subdivision plat could only be generated after construction commenced and lot delineations based on building footprints could be confirmed. The provisions of Article 5: Development Standards, the Carmel Clay Comprehensive Plan, particularly the Bike and Pedestrian Plan are not in any manner subverted, because the current redevelopment of the real estate was designed in consideration of adopted public plans and policy documents, and site and, therefore, subdivision design support the goals of the adopted documents. DESIGN STANDARDS WAIVER FINDINGS OF FACT CARMEL PLAN COMMISSION Carmel,Indiana Docket No: PZ-2023-00063 SW Petitioner: Kevin Buchheit Unified Development Ordinance Section Varied from: U DO Sec. 6.15 Brief Description of Waiver: 10% Min. Open Space required, 0% qualifying open space requested. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a waiver, the Plan Commission should consider the following: The granting of the Design Standard Waiver will not be detrimental to public safety, health, or welfare, or otherwise be injurious to other property. The conditions upon which the request for a Design Standard Waiver is based are unique to the property for which the Design Standard Waiver is sought and are not applicable generally to other property. Because of unique circumstances, a particular hardship or practical difficulty would result if the strict letter of these regulations is carried out. Financial hardship, inconvenience or difficulty shall not constitute grounds for a Design Standard Waiver. The Design Standard Waiver shall not in any manner subvert the provisions of Article 5: Development Standards,the Carmel Clay Comprehensive Plan, particularly the Bike and Pedestrian Plan.. Based on all the evidence presented by the petitioner, I approve of the requested design standards waiver. I hereby disapprove of the design standards waiver request for the following reasons: 1. 2. 3. Dated this 18 day of April ,2 23 Corn ission Member Filename:Primary Plat 2023 Revised 1/3/2023 Page 9 DESIGN STANDARDS WAIVER FINDINGS OF FACT CARMEL PLAN COMMISSION Carmel,Indiana Docket No: PZ-2023-00064 SW Petitioner: Kevin Buchheit Unified Development Ordinance Section Varied from: U DO Sec. 6.15 Brief Description of Waiver: 10 ft. Wide Perimeter Landscaping required, 0 ft. requested. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a waiver, the Plan Commission should consider the following: The granting of the Design Standard Waiver will not be detrimental to public safety,health, or welfare, or otherwise be injurious to other property. The conditions upon which the request for a Design Standard Waiver is based are unique to the property for which the Design Standard Waiver is sought and are not applicable generally to other property. Because of unique circumstances, a particular hardship or practical difficulty would result if the strict letter of these regulations is carried out. Financial hardship, inconvenience or difficulty shall not constitute grounds for a Design Standard Waiver. - The Design Standard Waiver shall not in any manner subvert the provisions of Article 5: Development Standards,the Carmel Clay Comprehensive Plan,particularly the Bike and Pedestrian Plan.. Based on all the evidence presented by the petitioner, I approve of the requested design standards waiver. I hereby disapprove of the design standards waiver request for the following reasons: 1. 2. 3. Dated this 18 day of April ,20 23 Corn 'ssion Member Filename:Primary Plat 2023 Revised 1/3/2023 Page 9