HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT-SPECIAL USE
CARMEL BOARD OF ZONING APPEALS
Docket No.: PZ-2023-00112 SUA
Petitioner: Timothy Ochs of Ice Miller LLP on behalf of E &H Mueller Development LLC
1 . The premises in question is particularly physically suitable for the proposed Special Use because This
proposed special use amendment is a minor expansion of an existing special use previously permitted
by this Board. The use- mineral/sand/gravel extraction - is uniauely suited to the site's geology
2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community
and its anticipated effect on surrounding property values because:
This minor expansion of the previously permitted Special Use will allow for an extension of the economic
viability for the property for approximately two more years. This is an economic benefit to the prooertv lessors
and owners and conseauently to the City's tax base. Moreover. the aaareaate to extracted provides a valuable
source of construction materials for the Carmel area. reducing the haul distances and truck miles traveled on
roads_
3. The Special Use will be consistent with social/neighborhood factors, such as compatibility with existing uses and
those permitted under current zoning in the vicinity of the premises under consideration and how the proposed
Special Use will affect neighborhood integrity because
This minor expansion of the previously permitted Special Use will closely follow previously approved
commitments regarding buffering. etc.. with only minor amendments being heard today under Docket No EL
2023-00090 CA. The expansions will occur on the northeast corner of the property. which is south of tag
Mueller North sand and gravel operation and west of primarily undeveloped real estate owned by the City of
Carmel. As a result. the expansion will not impact any residential uses and is consistent with the use that has
occurred on the surrounding properties for over a decade.
4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm
drainage facilities and police and fire protection because.
It has been reviewed by the City of Carmel Technical Advisory Committee (TAC) who found no concerns
regarding these issues. The operation does not reauire water or sanitary sewer and the site will continue drain
as before the requested amendment to the Special Use
5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon
which the Special Use is proposed because:
The traffic generated by this use will remain the same - this proposal will not increase the volume of traffic
which is a function of market demand. but will simply extend the usable life of the operation by approximately 2
more years Moreover, it has been reviewed by the City of Carmel Technical Advisory Committee (TAC1 who
found no concerns regarding traffic.
DECISION
Yes No: The Board has reviewed the requirements of Article 9 of the Unified Development Ordinance as they
relate to this Special Use and does not find that those criteria prevent the granting of the Special Use.
It is therefore the decision of the Carmel Board of Zoning Appeals that Special Use Docket No
PZ-2023-00112 SUA 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 June, 2023
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CHAIRPERS L Carmel Bo rd of Zoning Appeals
SECRETA Carmel Board of Zoning Appeals
Conditions of approval of the Board. if any are listed in the Letter of Grant.