Loading...
HomeMy WebLinkAboutFindings of Fact_Building Height VariancePage 1 of 2 EXHIBIT “F” CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICER CARMEL, INDIANA Docket No.: _________________ Petitioner: Abdolaziz M. & Masoomeh Ardalan, as Trustees of the Abdolaziz M. Ardalan Living Trust and the Masoomeh Ardalan Living Trust Request: UDO Section 2.36 Maximum Building Height: The UDO standard for C-2 allows a maximum building height of 35 feet for a principal building when adjacent to single- family residences; the variance requests 65 feet. 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 variance will not be injurious to the public health, safety, morals and general welfare of the community because the variance only requests the relief necessary to accommodate the proposed construction of a mixed-use commercial building, with condominium units, along a segment of Main Street that currently has other mixed-use buildings in the general vicinity. Further, the proposed development for the site is for a “Downtown” style of development as recommended in the Comprehensive Plan. As a result, approval of the variance 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: (i) the proposed use (a mixed-use commercial along Main Street, with condominium units) is a permitted use in the C- 2 zoning classification; (ii) other mixed-use buildings of generally similar scale and height already exist in the general vicinity of the subject real estate; and, (iii) the proposed development for the site is for a “Downtown” style of development as recommended in the Comprehensive Plan. As a result, the requested variance should not have a substantially adverse impact on the use and value of the area adjacent to the subject real estate. 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 Zoning Ordinance results in practical difficulties in the use of the Applicant’s real estate, as the real estate is the subject of planned redevelopment effort in the Downtown Area in coordination with the CRC including the desire to provide a mixed-use building with condominium units. As other mixed-use buildings of generally similar scale and Page 2 of 2 height exist in the general vicinity, the proposed height for the subject building is consistent in scale and height with the other mixed-use buildings that are in the vicinity. It is appropriate for the subject building to be generally compatible with the scale and height of other buildings along this segment of Main Street. Due to the above, absent approval of the requested variance, the Applicant will be substantially impacted on how it is able to utilize the subject real estate and provide an appropriately designed mixed-use building design. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals 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 22nd day of November, 2024. _________________________________________ Board of Zoning Appeals, Hearing Officer _________________________________________ Secretary, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).