HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT
CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICERAI CARE L, INDIANA
Docket No.: PZ-2023-00204
Petitioner: Wedgewood Building Company, LLC (482 Almond Creek Drive, Cannel, IN,
Jackson's Grant on Williams Creek Subdivision. Section 7, Lot 333.
Request: Silvera PUD, Section 6.1, Exhibit "L" Maximum Parcel Coverage —Maximum 35% lot
coverage allowed; requesting 42% lot coverage
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 proposed custom residential home has been
designed to be consistent and compatible to the other custom homes that are built and will be
built in this section of the Jackson's Grant community and development of the site will comply
with all other required standards and requirements related to drainage and the variance only
requests the relief necessary to accommodate development on the Real Estate for the
construction of a custom residential home. The proposed custom home is well-designed,
aesthetically and architecturally appealing and should not result in any negative impacts to the
public health, safety, morals and general welfare of the community.
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 use is a
permitted use on the Real Estate and the site will comply with all other required standards and
requirements related to drainage and the variance only requests the_relief necessary to
accommodate the construction of a custom home on the Real Estate. The proposed custom
home is well-designed, aesthetically and architecturally appealing; and, as a result, the
requested variance should not have a substantially adverse impact on the use and value of the
area adjacent to the subject Real Estate.
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3. The strict application of the terms of the Zoning Ordinance to the property will result in
/11/ practical difficulties in the use of the property because:
1111 Strict application of the Zoning Ordinance results in practical difficulties in the use of the
Applicant's site because the proposed custom residential home has been designed to
accommodate a circle drive, which necessitates additional driveway construction. Further, due
the desire to construct a pool on the Real Estate, as other pools have been installed for homes in
Jackson's Grant, additional parcel coverage is necessary for the pool and pool deck area.
Reducing the parcel coverage would necessitate a substantial re-design of the home footprint,
potential removal of the desired circle drive and potential removal of the desired pool on the
Real Estate. Development of the site will comply with all other required standards and
requirements related to drainage and the variance only requests the relief necessary to
accommodate development on the Real Estate for a custom residential home. Due to the
foregoing, absent approval of the requested variance pertaining to the maximum allowable
percentage of lot coverage, the Applicant will be substantially impacted on how it is able to
accommodate the necessary design for the home, driveway areas and pool.
1111 DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that
Development Standards Variance Docket No. PZ-2023-00204 is granted, subject to any conditions
stated in the minutes of this meeting, which are incorporated herein by reference and made a part
hereof.
Adopted this 27th day of September, 2023.
L
BO F ZONING APPEALS HEARING OFFICER
SE TARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
CARMEL/CLAY BOARD OF ZONING APPEALS
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