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HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS Docket No.: PZ-2023-00221 V Petitioner: Kimberly Factor 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 pergola will be located in the backyard of our property well within any setbacks or easements and built according to the building codes in effect at the time of construction. 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: For the past 30 years, our property has not adversely affected drainage or excess drainage to the best of our knowledge. The proposed pergola is an open stringer canopy (not a covered roof structure)which will basically drain in the same way the area does currently due to the open-air structure. The proposed pergola structure is a very popular amenity desired by current homeowners, architects, designers, landscape architects, cities, parks, etc. and will add value to the property. This pergola structure is utilized to update and modernize common areas and create design elements that are pleasing to the eye. The addition will not obstruct any adjacent property owners'views as the structure is proposed close to the rear of the home and not at the back property lot lines, which could interfere with viewpoints. 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: Applicant states that the strict application of the Unified Development will prevent applicant from further enjoyment of their property by restricting potential shade afforded by the structure from the extreme afternoon heat. DECISION IT IS THEREFORE th decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 1°Z -ta23 QQ z1.I 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. Adopted this r/ day of Nall.I`�� 20 �� EARING OFFICER, rmCarmel Board of Zoning Appeals Ye• SECR ARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant.