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HomeMy WebLinkAboutFindings of Fact y''r FINDINGS—OF—FACT `" • ROSIE'S GARDENS VARIANCE PETITION FINDINGS OF FACT-USE VARIANCE CARMEL BOARD OF ZONING APPEALS (Petitioner to fill out 1-5+first 2 blanks) Docket No.: PZ-2023-00198 UV Petitioner: Lawrence K. Hughes 1. The approval will not be injurious to the public health,safety,morals and general welfare of the community because: this is a continuance of a use that has existed on the subject site for many years and has been embraced by the neighborhood. 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 outdoor sales displays are part of an overall business expansion that will improve drainage and traffic flow in the area. 3. The need for the variance arises from some condition peculiar to the property involved because: the subject business was established when zoning regulations were minimal. Incremental growth over the years has caused the need to rectify physical aspects with zoning regulations. 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought because: outdoor sales displays are a critical part of this long-established business. 5. The approval will not interfere substantially with the Comprehensive Plan because: the proposed use is part of a largerexpansion plan that will bring the site into compliance with stormwater standards as well as zoning standards. DECISION Pz—21T_1S_TH�0fj he decision of the Carmel Board of Zoning Appeals that Use Variance Docket No. (/.Z f (K/f't6 lAfs 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 23 d• of a* .20 43 . •ERS•k •arr, B. d of Zoning•ppeals 4A / V SE(V TARY,Carmel Board of Zoning Appeals Conditions of approval of the Board,if any,are listed on the Letter of Grant. Page 8 of 12 Filename: use variance handout 2023 Revised 02/03/2023 cch+a FINDINGS-OF-FACT �� ROSIE'S GARDENS VARIANCE PETITION 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-2023-00200 V& Petitioner: Lawrence K. Hughes 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the variance proposals represent continuances of existing uses on the site that have been embraced by the neighborhood. The proposed expansion will improve drainage and traffic safety. 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 variance proposals are part of expansion plans for the property that represent improvements in appearance and function. The present use of the property is not changing. 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 existing parking lot is within the front setback. To move the expanded parking lot behind the front setback would cause the need to remove existing green houses. DECISION It her ooe de} ied Carmel Board of Zoning Appeals that Development Standards Variance Docket No. — ��v`W 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 d this d y of 06, lt• ,20 23. A ERSO armel and of Zoning Appeals SE ETARY,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 Revised 02/03/2023 cch+a FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1 -3, plus first two blanks) Docket No.: PZ-2023-00201 V Petitioner: Lawrence K. Hughes 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed second sign identifies the business and public entrance, thereby increasing traffic safety. 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 variance proposal presents a new sign that is aesthetically pleasing and complements the neighborhood. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: the existing sign is part of a stone wall that has been in existence for many years and is part of the unique presentation of the business. The proposed second monument sign is more visible to the motoring public and marks the public entrance. DECISION IT IS THER R the decision o the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. C v 40V 3"O0 2Q l'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. �f Adopted this o 3 day of Oct. , 20 '` I . , armel Board of Zoning Appeals SECRETARY, mel Board of Zorn g ppeals Conditions of approval of the Board, if any, are listed on the Letter of Grant.