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HomeMy WebLinkAboutFindings of Fact ~._-----"" CARMELlCLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07020017 UV Petitioner: Matt and Rachel Frey (Matt & Rachel LLC) FINDINGS OF FACT - USE V ARlANCE 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition( s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: No major additions or changes will be made to the existing structure causing no hardship or negative effects on neighbors or other citizens. Most traffic flow will come from the Monon Trail. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: A high quality breakfast and lunch cafe would be an asset to the community, provide business meeting space and give patrons from the Monon Trail a unique place to stop and relax while traveling through the Arts and Design District. 3. The use or value ofthe area adjacent to the subject property will not be substantially affected in any adverse manner because: No major construction will take place other than property improvements such as new landscaping, handicap access, painting, and a small parking lot that we believe will substantially improve the property and positively affect the surrounding properties. We will take all steps to respect the neighboring property's privacy and wellbeing. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The property's desirable location near the Arts & Design District, the Monon Trail and other proposed City of Carmel commercial projects makes it a prime spot for commercial use. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: It shares the objectives of the Arts and Design district by creating a unique and hi2h quality destination for residents and Monon Trail users. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use 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. . jL10L~ ,20 O} ~ C I PERSON, Car e Clay Board of Zoning Appeals ~--. SECRETARY, Carmel/Clay Board of Zoning Appeals ~ Conditions of the Board are listed on the back. ;; "i CARMEL/CLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07020017 UV Petitioner: Matt and Rachel Frey (Matt & Rachel LLC) FINDINGS OF FACT - USE V ARlANCE 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition( s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: No major additions or changes will be made to the existing structure causing no hardship or negative effects on neighbors or other citizens. Most traffic flow will come from the Monon Trail. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: A high quality breakfast and lunch cafe would be an asset to the community, provide business meeting space and give patrons from the Monon Trail a unique place to stop and relax while traveling through the Arts and Design District. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: No major construction will take place other than property improvements such as new landscaping, handicap access, painting, and a small parking lot that we believe will substantially improve the property and positively affect the surrounding properties. We will take all steps to respect the neighboring property's privacy and wellbeing. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The property's desirable location near the Arts & Design District, the Monon Trail and other proposed City of Carmel commercial projects makes it a prime spot for commercial use. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: It shares the objectives of the Arts and Design district by creating a unique and hieh quality destination for residents and Monon Trail users. DECISION IT IS THEREFORE t~e decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No. . . IS granted, subject to any conditions stated in the minutes of this Board, which are Incorporated herein b~ and made a part hereof. A edthiS~ ayot --;t?Pt ,20 -)? RSON, Carmel/Clay oard of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals · Me f1t.~ Condition of t e Board a listed on the back. f ~- .. CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Petitioner: 070,).0011 Uv -D.\ c\ +.~.? Rtt {'he I r:',:. f,Li FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) Docket No.: 1. 2. 3. 4. 5. rM~/'~e f }., ~~N~'~D DATED THIS DAY OF ,20~.~ f/A!. _ BD~IA ~ 80 Member Page 7 of B - Z:\shared\forms\BZA applications\ Use Variance Application rev. 12/29/2006 .' , CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 070 J CO 11 LJ V Petitioner: ~(\C\+l ~ ~ {',he i ri"I?A; FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. r 2. 3. 4. 5. DATED THIS z.~ DAY OF ~~iL 'r 07 ~~ ~Me ber .... ~ Page 7 of 8 - Z:\shared\formsIBZA applications\ Use Variance Application rev. 12/29/2006 .. . . CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 070;")... 0011 LJ V Petitioner: _JJ\ C\ +l ~ Rtt thi I ~::-,:. t_l; FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. 4. 5. DATED THIS d-- {t-"- DAY OF ,iLf{~1Y: .~ , 20 CCk. ~~. Bo~r. b Page 7 of 8 - Z:\shared\forms\8ZA applications\ Use Variance Application rev. 12/29/2006 ;.- - -[.... CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 070 J 00/7 LJ V Petitioner: _ll\ (\ -+l< Rtt {'i'li I r:l> (1 xi FINDINGS OF FACT. USE VARIANCE (Ballot Sheet) 1. 2. 3., 4. 5. DATED THIS 2 {~ DAY OF ~f 7 ,20 0 . B dM /. jt..,/ 1- oar e~- ~ Page 7 of 8 - Z:lshared\formsIBZA applications\ Use Variance Application rev, 12/29/2006 .. ",-------... CARMELlCLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. : 07020018 V (# of Parking Spaces) Petitioner: Matt & Rachel Frey 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 corpmunity because: Ample.public parking is available nearby and green space will be preserved. 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: Property values would benefit more from maintaining the aesthetics and green space. 3. The strict application ofthe terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Much of the yard would be covered in asphalt and concrete destroying mature landscaping and impeding the irrigation of green space. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket N~. . is granted, subject to any conditions stated in the minutes of this Board, which aremcorporated herein by reference and made a part hereof. , "f ~ day of 11&(1' C;' ,20 07- .. .. RPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Cerm.VCley Boerd of Zoning Appeals 7 ~ . Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:\sharedlforms\BZA applications\ Development Standards Variance Application rev. 12/29/2006 , ~..... .,,- ' CARMELlCLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. : 07020018 V (# of Parking Spaces) Petitioner: Matt & Rachel Frey 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: Ample public parking is available nearby and green space will be pteserved. 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: Property values would benefit more from maintaining the aesthetics and green space. 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: Much of the yard would be covered in asphalt and concrete destroying mature landscaping and impeding the irrigation of green space. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket N~. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ~~IJ- day of \ ~ . ,20 07 SECRETARY, Carmel/Clay Board of Zoning Appeals ~~.~ Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:lsharedltormslBZA applicationsl Development Standards Variance Application rev. 1212912006 ~. :..;. CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: FINDINGS OF FACT. DEVELOPMEN STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. /;.~!"~r~"~~-~ DATED THIS DAY OF , 20 'f-~~ r_ ~~ - p6: rd Member , Page 7 of 8 - z:lsharedlformslBZA applicationsl Development Standards Variance Application rev. 12/29/2006 .. ~ - . CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: FINDINGS OF FACT - DEVELOPMEN STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS ?7 DAY OF /k'~ , 20 c:;-;? - ~; - Page 7 of 8 - z:\shared\formsIBZA applicallonsl Development Standards Variance Applicallon rev. 12/2912006 ... . CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: FINDINGS OF FACT - DEVELOPMEN STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS J-dV~ DAY OF HOJ'c~ ~~ ,20 oi- --' Page 7 of 8 - z:\sharedlforms\BZA applicationsl Development Standards Variance Application rev. 12/29/2006 ~ ,.... CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Petitioner: ()70'J.Obl ~ V ~" Rod'lt-I Wf'j FINDINGS OF FACT - DEVELOPMEN STANDARDS VARIANCE (Ballot Sheet) Docket No.: 1. 2. 3. DATED THIS aft DAY OF ~ ,200 7 Page 7 of 8 - z:\shared\formslBZA applicationsl Development Standards Variance Application rev. 12/2912006 , , _:"i.....~, CARMELlCLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. : 07020019 V (uncurbed parking) Petitioner: Matt & Rachel Frey 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: Customers and residents would benefit more from usage and aesthetics of extra green space than the aesthetics of curbs. 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: Property values would benefit more from maintaining the aesthetics and green space. 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: Much of the yard would be covered in asphalt and concrete destroying mature landscaping and impeding the irrigation of green space. DECISION IT IS THEREFORE the decision of the Carmel/Clay 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 hereinpy reference and made a part hereof. day of ~ . ,20 107 f ~4-r-- ~~ SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:lsharedlforms\BZA applicationsl Development Standards Variance Application rev. 12/2912006 i' I< rI CARMEL/CLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. : 07020019 V (uncurbed parking) Petitioner: Matt & Rachel Frey 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: Customers and residents would benefit more from usage and aesthetics of extra green space than the aesthetics of curbs. 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: Property values would benefit more from maintaining the aesthetics and green space. 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: Much of the yard would be covered in asphalt and concrete destroying mature landscaping and impeding the irrigation of green space. 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. r- ~ iL1. A'rr-.. /, "'"' L iLl . 20 (]Jl- . IR. PER. SON, CarmeVClay BO. ard of Zoning Appeals ~ .~~ SECRETARY, Carmel/Clay Board of Zoning Appeals /' ' Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:\sharedlforms\BZA applicationsl Development Standards Variance Application rev. 12/2912006 .- )-~ CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: v Petitioner: FINDINGS OF FACT - DEVELOPMEN STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS Z61f DAY OF ;11~ , 20 () 7 ~Atf..L Board Memb I Page 7 of 8 -z:\sharedllormsIBZA applicatlonsl Development Standards Variance Application rev_ 12/29/2006 .. ..; CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. f-~'~~f;' ~~,J,-.",iT DATED THIS DAY OF , 20 ~-~ 80 Member ~ Page 7 of 8 - z:\shared\forms\8ZA applications\ Development Slandards Variance Application rev. 12/29/2006 .......c-..-, ~... -. CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS ~c DAY OF k~ ,200-/ ~~ Scfc(r"d Member ~ Page 7 of 8 - z:\sharedlformslBZA applicationsl Development Standards Variance Application rev. 12129/2006 ~. ~ CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: D7o?oorQ V --P'1a1-t 1 RDcheJ Wl'j FINDINGS OF FACT - DEVELOPMEN STANDARDS VARIANCE (Ballot Sheet) Petitioner: 1. 2. . 3. DATED THIS r;r{ '-j- ~ DAY OF t1(JJ'G~ ,20 C)-Z ~..~ ,.,/ Page 7 of 8 - z:\sharedlformsIBZA applicationsl Development Standards Variance Application rev. 1212912006