HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner fills out 1-3, and first 2 blanks)
Docket No.: PZ-2023-00083V
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Petitioner: Ben Bemis of CEC on behalf of owner, Aziz Mamaev
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
Reduction of the side parking setback will not prevent or reduce accessibility of use on the
developed site, and will remain in accordance with the unified development ordinance intent
for a mixed-use development under the Urban Core (UC)zoning designation.
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:
Adjacent properties are under Urban Core (UC)or Urban Residential (UR)zoning
designations with similar side parking setbacks to the four(4)ft. reduced setback requested
for this development.
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:
The resulting building envelope is reduced to a size not feasible for a mixed-use or multi-
family use development on this parcel.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No.
PZ Z0z3 "GOO83 is granted, subject to any conditions stated in the minutes of this Board, which are
incorporated herein by reference and made a art hereof.
Adopted this 2 day off , 2 .
,...--T .
CHAIRPEirN, el Board of Zoning Appeals
SECR'RY, 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.docx 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.: PZ-2023-00085V
Petitioner: Ben Bemis of CEC on behalf of owner, Aziz Mamaev
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
Reduction of the rear parking setback will not prevent or reduce accessibility of use on the
developed site, and will remain in accordance with the unified development ordinance intent
for a mixed-use development under the Urban Core (UC)zoning designation.
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:
Adjacent properties are under Urban Core (UC)or Urban Residential (UR)zoning
designations with similar rear parking setbacks to the four(3)ft. reduced setback requested
for this development.
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:
This reduces area for parking resulting in a reduced number of parkings spaces. The
maximum rear building setback adds depth to the building negatively impacting sizing one and
two bedroom dwelling units on the upper levels of the building to architectural standards.
is therefore the decJj'i of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No.
ea.
_ j 'OOO�Z 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 d day of J 1 .\ , 20
CHAIRPERSON, Carmel Board of Zoning Appeals
SEC- RY, rmel 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.docx 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.: PZ-2023-00084V- WlTHOW
Petitioner: Ben Bemis of CEC on behalf of owner,Aziz Mamaev
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
It i• in keeping with the intent of the Urban Core(UC)zoning to promote a transit oriented
distn., for residents living and working within the district whereby utilizing alternayjdrms of
transpo• .tion such as bicydes and walking for a healthier culture.
2. The use and value of •- area adjacent to the property included in the var ce will not be affected in a substantially
adverse manner because.
Public parking garages are r thin the vicinity to encourag atrons or visitors outside of the Midtown
area to park and walk. This re. ces or eliminates the tential of residents or visitors to park vehicles
on adjacent properties.The pro.$ -. project shou $ add value to the adjacent properties.
3.
difficulties in the use of the property b= ause:
The required amount of pa g will adversely impact " retail space on the ground level with
dwelling units above as i e intent of the Urban Core( ► zoning.
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.docx Revised 02/03/2023