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Home My WebLink AboutFindings of Fact ~.....:- CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07020023V Petitioner: Laura Vista. LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Findings of Fact #1 - See attached 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: Findings of Fact #2 - See attached 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: Findings of Fact #3 - See attached . DECISION c:[;;J IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ~fI" day of Atlt~ .20 07 . . ./fA- ~ SECRETARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:\shared\lonns\BZA appIlcations\ Development Standards Variance Application rev. 12/2912006 ... FINDINGS OF FACT 1. The approval of this variance request will NOT be injurious to the public health, safety, morals and general welfare of the community because: The proposed sign will be temporary in nature. Petitioner would propose that the sign be permitted for a period of 18 months with the unde{Standing the Petitioner and Board of Zoning Appeals could review the petition and consider some reasonable extension of time, if needed. The sign can only be seen from the Keystone off-ramp, and unlike the Beazer sign to the south, the viewer will be committed to the "off-ramp" route by the time they see the sign. The Ordinance permits a second construction sign but not at this location since it is not an entry. #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: This proposed sign can only be viewed from the Keystone Off-Ramp and not from residential developments located to the north and east. This includes the new residences of Laura Vista, as a significant mature wooded area serves as a buffer from the off-ramp. The sign is needed to help promote sales of custom homes starting at $500,000. Laura Vista is a high end custom product and the sign will hopefully help accelerate the development and construction of the remaining 41 home sites. In doing so, the "disturbance" to Foster Estates (through which all traffic must travei) will be reduced and ultimately eliminated as construction of new homes ends. #3: The strict'application of the terms of the ZoningOrdinance to the property will result in practical diffICulties in the use of the property because: Petitioner understood that the location of the site would present some marketing challenges. Petitioner bas attempted to market the site and generate traffic via the creation of a website, print media, events, direct promotion to the north side real estate offices, special award winning advertisements and brochures for almost three (3) years. The strict application of the zoning ordinance does not permit Petitioner to place the ' construction and directional sign on its onlv maior visible street frontage, the Kevstone Off-Ramp. The history of being without such a sign is well documented in that only 10 lots have been sold during the first three years of existence. ~-~.... . CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07020023V Petitioner: Laura Vista. LLC FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Findings of Fact #1 - See attached 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: Findings of Fact #2 - See attached 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: Findings of Fact #3 - See attached DECISION IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. dopted this r h.. day of !f4. r-t"/~ . 20 0'7- ~ - ~~ I PERSON, CarmeV lay Board of Zoning APpeal~ SECRETARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:lsharedllormslBZA appIlcations\ Development Standards Vatlance Application rev. 12/2912006 CARMEUCLA V ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 070?OO?iV Petitioner: 1.an,.a Vi.~ta J T.T.r. . ) . FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) ~7 ;;~~ r~4:I ?IJ /e hd,.,7&--s- ~ 2. . 3. DATED THIS Zc;.. DAY OF ~~ .200/' ~,--.> '\ Page 7 of 8 - z:lsharecNormslBZA appIlcalions\ Development Standards Variance AppIlcadon rev. 1212912006 CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 070?OO?':\V T,;:l11TR Vi l'lf"R, T.T.r. FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS Y'/h. DAY OF t1w cC, . 20 ~1- ~~ Page 7 of 8 - z:\shared\lormslBZA appllcallons\ Development standardS Variance Application rev. 1212912006 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 070?OO?1V Petitioner: T,;I1IY::! Vi !;It:::!, T.T.r. FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. . 2. 3. DATED THIS 26!j. DAY OF ,lMrUff ,20 e7 , BoaJd Mom/! ft- ~ Page 7 of 8 - z:\shared\lorms\BZA appIlcaIlons\ Development Standards Variance Application rev. 12/29/2006 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 070?OO?'W Petitioner: T.'<I11T.<I Vi I'IT.<I, T.T,r. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS ~'i"" DAYOF ~..-ev, .20 If , ~I!f- Sa d Member J.- Page 7 o,.a - z:\sharacNormslBZA appIlcaIlons\ Development Standards Variance Application rev. 12J29J2oo6