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HomeMy WebLinkAboutFindings of Fact_DSVPage 1 of 3 EXHIBIT “E” PROPOSED FINDINGS OF FACT CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: __________________ Petitioner: Justus Companies and their successors and assigns in interest. Request: 1. UDO 2.20 Maximum Building Height: A variance from the allowable building height from 45’ to 47’ for the majority of the building and 63’ for the northern portion of the building that faces toward 106th Street. 2. UDO 5.30 Parking Spaces: UDO requirement would be approximately 340 parking spaces and the site plan shows approximately 232 parking spaces. 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 variances will not be injurious to the public health, safety, morals and general welfare of the community because development of the site will comply with all other required B-1 standards, including all standards related to drainage and the variances only request the relief necessary to accommodate the proposed development on the Real Estate. The proposed development 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 B-1 standards, including requirements related to drainage and the variances only request the relief necessary to accommodate the proposed development on the Real Estate. The proposed development should not have a substantially adverse impact on the use and value of the area adjacent to the subject Real Estate. Page 2 of 3 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: Strict application of the B-1 Standards that are the subject of the variance requests results in practical difficulties in the use of the Real Estate, as the height variance request is due to the different grade changes along certain portions of the building and the parking variance request is based on the Applicant’s experience in operating the type of facility being requested. The variance requests only seek the necessary relief needed to accommodate the proposed development on the Real Estate. Due to the foregoing, absent approval of the requested variance pertaining to building height and parking spaces, the Applicant will be substantially impacted on how it is able to accommodate the desired building and site design for the Real Estate. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. _____________ 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 __ day of _______________ 2024. _________________________________________ BOARD OF ZONING APPEALS _________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).