The URL can be used to link to this page

Home My WebLink AboutFindings of Fact 11-27-06 .- , - -, CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. 06090026V (Variance from Section 15.26 ofPUD Z-462-04 - Non-Residential Use on 2nd and 3M floors) Petitioner: Vicky Earley Artichoke Designs FINDINGS OF FACT - USE VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because most of the buildings along this general segment of Main Street are already retail and business uses and, since this is a highly traveled corridor the granting of this variance will not have an injurious impact. 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 granting of the variance will simply permit the type of use that is occurring around and near the property at the current time. 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 due to the fact that the Petitioner will be prevented from operating on the site a low impact type of use that is appropriate and compatible with the surrounding uses and structures and is consistent with the intent for the Monon & Main development. DECISION IT IS THEREFORE the decision of the CanneVClay Board of Zoning Appeals that Variance Docket No. 06090026 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. SECRETARY, CanneVClay Board of Zoning Appeals Conditions of the Board are listed on the back. Page 8 ofS - Use Variance Application " CARMEIJCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06090026 V (Variance from non-residential use on 2nd and 3m floor Petitioner: Vicky Earlev - Artichoke Designs FINDINGS OF FACT - USE VARIANCE (Ballot Sbeet) 1. 2. I-.;~~ i~~tf;:/!:,--1;!.'tS/J:;~~).~"i?J $+ 3. DATED THIS 27TH DAY OF November 2006. l;t~ B,,"d Member Page 7 of8 - Use Variance Application "'"\ ", CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06090026 V Nariance from non-residential use on 2nd and 3n1 floor Petitioner: Vicky Earley - Artichoke Desil!llS 1. 2. 3. DATED THIS 27TH DAY OF November 2006. ~ \ -.......... , Page 7 of8 - Use Variance Application CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06090026 V (Variance from non-residential use on 2nd and 31ll floor Petitioner: VickY Earlev - Artichoke Desil!IlS FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3'J!d1~~afbw twfdrizW)~ DATED THIS 27TH DAY OF November 2006. ~ Board Member Page 7 of8 - Use Variance Application :i t"~ CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06090026 V (Variance from non-residential use on 2nd and 3M floor Petitioner: Vicky Earley - Artichoke DesitmS FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. /;If' liSt- /;~I./t,,, J '1 s tAfW:{,J i" /t1 ~'Ql"\ 2. 3. DATED TillS 27TH DAY OF November 2006. _ft~ Page 7 of8 - Use Variance Application . I I ,~ CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06090026 V (Variance from non-residential use on 2nd and 3rd floor Petitioner: Vicky Earlev - Artichoke Desil!llS 1. ~s 'E; 2. 3. DATED THIS 27TI1 DAY OF November 2006. ~~ .?f(oard Member Page 7 of8 - Use Variance Application CARMEUCLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. 06090027V {Variance from Section 2.13.B ofPUD Z-462-04 - 2 Car G~e requriemenO Petitioner: Vicky Earley Artichoke Designs FINDINGS OF FACT - USE VARIANCE I. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because additional parking spaces are available within the Monon & Main community, within on-street parking spaces and very little vehicular traffic will be generated from the proposed. 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 proposed use will create very little vehicular traffic and many other parking opportunities exist within the Monon & Main development and within the general area around the proposed use. Also, if the use is converted back to mainly a residential use, the garage will still exist and can accommodate parking. 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 due to the fact that the Petitioner will be prevented from operating on the site a low impact type of use that is appropriate and compatible with the surrounding uses and structures and is consistent with the intent for the Monon & Main development. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Variance Docket No. 06090026 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. SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. Page 8 of 8 - Use Variance Application ~.- -.;- :; CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06090027 V (Variance from 2 Car l!at'll2e requirement Petitioner: Vicky Earley - Artichoke Desil!l1S FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 27TH DAY OF November 2006. Page 7 oC8 - Use Variance Application CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06090027 V (Variance from 2 Car e:arage reauirement Petitioner: Vicky Earley - Artichoke Desil!llS FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 27TH DAY OF November 2006. ~~~ Member c --- Page 7 of8 - Use Variance Application CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06090027 V (Variance from 2 Car garage requirement Petitioner: Vicky Earlev - Artichoke Designs FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 27TH DAY OF November 2006. ~~~ Board Member Page 7 ofS - Use Variance Application ~ . CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indians Docket No.: 06090027 V (Variance from 2 Car 2aTal!e requirement Petitioner: Vicky Earlev - Artichoke Desi~ I. ~~.. ~ FINDINGS OF FACt - USE VARIANCE IBaIIot Sheet) 2. 3. DATED THIS 27TH DAY OF November 2006. '" ~c) ----.... Page 7 of 8 - Use Variance Application