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HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: PZ-2023-00132 V Petitioner: Hope Church of the Christian and Missionary Alliance, Inc. Request: UDO Section 1.07 Transportation Plan: The Transportation Plan compliance required; Request to only dedicate street right-of-way. FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE 1. The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: The approval of the requested variance will not be injurious to the public health, safety, morals and general welfare of the community because the variance allows for the dedication of the right-of-way necessary to accommodate future installation of paths and/or sidewalks by the City of Cannel as public improvements are undertaken in the area. 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 use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed variance provides for the dedication of applicable right-of-way to accommodate future installation of paths and/or sidewalks as public improvements are undertaken by the City of Cannel in the area. 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 results in practical difficulties in the use of the Applicant's real estate in that the continued operation of the subject real estate for ministry and educational purposes is not dependent on the installation of paths and/or sidewalks. Further, path and/or sidewalks are not a feature of this neighborhood and installation of such would, at this time,not be consistent with the existing functionality of the transportation network. Page 1 of 2 DECISION Yes_No: The Board has reviewed the requirements of Article 9 of the Unified Development Ordinance as they relate to this Development Standards Variance and does not find that those criteria prevent the granting of the Development Standards Variance. It is therefore the decision of the Carmel Board of Zoning Appeals that Docket No. PZ-2023-00132 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. Ado ted this 2 1.1 day of July, 2023. CHAIRPERSON,Carmel Board of Zoning Appeals SEC ARY,Cannel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed in the Letter of Grant. Page 2 of 2 FINDINGS OF FACT-SPECIAL USE AMENDMENT CARMEL BOARD OF ZONING APPEALS Docket No.: PZ-2023-00134 SUA Petitioner: Hope Church of the Christian and Missionary Alliance,Inc. 1. The premises in question is particularly physically suitable for the proposed Special Use because: The premises in question is particularly physically suitable for the proposed Special Use because it has been utilized for similar purposes in the past and has sufficient resources to accommodate the use. 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: The Special Use will not injuriously or adversely affect economic factors,including the cost to the community and surrounding property values,because the use is compatible with the existing real estate and improvements along with past uses of the subject real estate for similar educational purposes. 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: The Special Use will be consistent with the social/neighborhood factors because the proposed use is ancillary to the existing use of the subject real estate and consistent with past uses,both of the subject real estate, and real estate in the general vicinity. Additionally, in general, educational uses are compatible and consistent with residential neighborhoods. 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: 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 the proposed use is consistent with the current church use and past ancillary uses which uses have not adversely impacted utilities or public safety. 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 Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises because the proposed use is consistent with the overall development and prior use of the subject real estate. Further,traffic and safety protocols have been created and implemented which address vehicular and pedestrian safety in the area. DECISION Yes No: The Board has reviewed the requirements of Article 9 of the Unified Development Ordinance as they relate to this Special Use Amendment,and does not find that those criteria prevent the granting of the Special Use Amendment. It is therefore the decision of the Cannel Board of Zoning Appeals that Special Use Docket No. PZ- 2023-00134 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'1 day of July,2023. CHAIRPERSON,Carmel Board of Zoning Appeals TA/ SECR ARY,Cannel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed in the Letter of Grant.