HomeMy WebLinkAboutFindings of Fact
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CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 07050018 DSV
Petitioner: Burger King Corporation
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:
The additional required parking spaces will not be used during normal operations.
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:
Adjacent properties are all zoned for commercial use.
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:
The application of the parking standards will not allow the site to meet the building
and landscape requirements associated with this use.
DECISION
IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance
Docket No. 07050018 DSV is granted, subject to any conditions stated in the minutes of this
Board, which are incorporated herein by reference and made a part hereof.
day of
,20
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:lshared\fonns\BZA applicationsl Development Standards Variance Application rev. 1212912006
.. --.
Docket No. 07050018 DSV
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 27.08: requiring one
parking space for each 50 gross square feet of building area.
Statement of Support
The required parking for this facility would be calculated as follows: 2,600 sq.ft. of
building area / I parking space per 50 sq.ft. = 52 total parking spaces
Burger King Corporation seeks variance from this requirement to provide 35 parking
spaces on site plus 10 drive thru stack spaces for drive thru food sales. There are 55 seats
planned for the dining room area of this restaurant. Applying the standard used for a
restaurant without drive-thru food sales to determine the number of spaces required per
seated patrons results in: (1) space per every 2.5 patron seats, plus one space per
employee per largest shift = 22 parking spaces for patrons and 13 spaces for employees.
The typical largest shift is 8 employees, leaving 27 spaces available for seated patrons.
'~
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 07050018 DSV
Petitioner: Burger King Corporation
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:
The additional required parking spaces will not be used during normal operations.
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:
Adjacent properties are all zoned for commercial use.
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:
The application of the parking standards will not allow the site to meet the building
and landscape requirements associated with this use.
DECISION
IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance
Docket No. 07050018 DSV 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
:2:;>
day of
0J4--
,;'
.20 a;?
.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals ~ ~ .
Conditions of the Board are listed on th~presentative to sign).
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Docket No. 07050018 DSV
Statement of Variance
Variance Request from City of Cannel Zoning Ordinance Section 27.08: requiring one
parking space for each 50 gross square feet of building area.
Statement of Support
The required parking for this facility would be calculated as follows: 2,600 sq.ft. of
building area /1 parking space per 50 sq. ft. = 52 total parking spaces
Burger King Corporation seeks variance from this requirement to provide 35 parking
spaces on site plus 10 drive thru stack spaces for drive thru food sales. There are 55 seats
planned for the dining room area of this restaurant. Applying the standard used for a
restaurant without drive-thru food sales to determine the number of spaces required per
seated patrons results in: (1) space per every 2.5 patron seats, plus one space per
employee per largest shift = 22 parking spaces for patrons and 13 spaces for employees.
The typical largest shift is 8 employees, leaving 27 spaces available for seated patrons.
. ...
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 07050018 DSV
Petitioner: Burger King Corporation
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:
The additional required parking spaces will not be used during normal operations.
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:
Adjacent properties are all zoned for commercial use.
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:
The application of the parking standards will not allow the site to meet the building
and landscape requirements associated with this use.
DECISION
IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance
Docket No. 07050018 DSV is granted, subject to any conditions stated in the minutes of this
Board, which are incorporated herein by reference and made a part hereof.
Z 1~ day of Jv.{
Adopted this
,20 07 .
~
.
#ft... ~
CHAIRPERSON, CarmeVClay Board 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:\shared\lorms\BZA applications\ Development Standards Variance Application rev. 1212912006
Docket No. 07050018 DSV
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 27.08: requiring one
parking space for each 50 gross square feet of building area.
Statement of Support
The required parking for this facility would be calculated as follows: 2,600 sq.ft. of
building area /1 parking space per 50 sq.ft. = 52 total parking spaces
Burger King Corporation seeks variance from this requirement to provide 35 parking
spaces on site plus 10 drive thru stack spaces for drive thru food sales. There are 55 seats
planned for the dining room area of this restaurant. Applying the standard used for a
restaurant without drive-thru food sales to determine the number of spaces required per
seated patrons results in: (1) space per every 2.5 patron seats, plus one space per
employee per largest shift = 22 parking spaces for patrons and 13 spaces for employees.
The typical largest shift is 8 employees, leaving 27 spaces available for seated patrons.
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07050018 DSV
Petitioner:
Burger King Corporation
FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
Julv
,20 07
~4~
B~d Member
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
07050018 DSV
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
July
,20 07
Board Member
41-'~
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07050018 DSV
Petitioner:
Burger King Corporation
FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
July
,20 07
~~
a Member
--'
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
07050018 DSV
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
July
,20 07
~
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..... . '4
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 07050020 DSV
Petitioner: Burger King Corporation
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:
The additional area required for the Drive- Thru Order Menu Board will not obstruct or
prevent adjacent businesses from operating.
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:
Adjacent properties are all zoned for commercial use.
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:
The Ordinance does not allow adequate area for Burger King to display the menu
items available for drive-thru sales.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07050020 DSV is granted, subject to any conditions stated in the minutes of this
Board, which are incorporated herein by reference and made a part hereof.
day of
v..../t:-
r
,20 ~/
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on th
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Docket No. 07050020 DSV
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 25.07.05: a maximum
area of 16 square feet for drive-thru menu sign.
Statement of Support
Burger King Corporation seeks a variance from this requirement to allow the use of their
standard drive-thru order menu board. The requirement of 16 square feet would not
allow them to display all of their menu items limiting the type of business they could do
through the drive-thru service windows. The use of the standard menu boards will also
allow the customer to easily identify the items offered and make their selections in an
efficient and timely manner.
.~
..
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 07050020 DSV
Petitioner: Burger King Corporation
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:
The additional area required for the Drive- Thru Order Menu Board will not obstruct or
prevent adjacent businesses from operating.
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:
Adjacent properties are all zoned for commercial use.
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:
The Ordinance does not allow adequate area for Burger King to display the menu
items available for drive-thru sales.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07050020 DSV 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 1 f 11 day of ot-l
CHAIRPERSON, Carmel/Clay Board 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:\shared\forms\BZA applicationsl Development Standards Variance Application rev. 12/2912006
.' ..
Docket No. 07050020 DSV
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 25.07.05: a maximum
area of 16 square feet for drive-thru menu sign.
Statement of Support
Burger King Corporation seeks a variance from this requirement to allow the use of their
standard drive-thru order menu board. The requirement of 16 square feet would not
allow them to display all of their menu items limiting the type of business they could do
through the drive-thru service windows. The use of the standard menu boards will also
allow the customer to easily identify the items offered and make their selections in an
efficient and timely manner.
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: .07050020 DSV
Petitioner: Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
-- .8RSe:- W\"S~ ,h'cd flltc~ j;, be/II (~(,-J~
/
DATED THIS 23rd
DAY OF July
.20 07
~;IL
rd Member
"
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07050020 DSV
Petitioner:
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF July
,20 07
~ .,4--"""'"
~ ~---
a Member
.
Page 7 of 8 - z:lShared\forms\8ZA applications\ Development Standards Variance Application rev. 1212912006
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07050020 DSV
Petitioner:
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF July
,20 07
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
07050020 DSV
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAYOF Jul
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~ ';.
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07050021 DSV
Petitioner:
Burger King Corporation
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:
The use of the Burger King "Button Logo" sign does not exceed the maximum area
permitted for building signage.
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:
Adjacent properties are all zoned for commercial use.
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:
It will not allow Burger King to use signage that is familiar to their customers.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07050021 DSV is granted, subject to any conditions stated in the minutes of this
Board, which are incorporated herein by reference and made a part hereof.
(day of
,20
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 01 8 - z:\sharedlforms\8ZA applications\ Development Standards Variance Application rev. 12/2912006
..
Docket No. 07050021 DSV
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 3 within a unified
development, West Carmel Marketplace Commitments: "a logo can only make up 25%
of the sign area."
Statement of Support
Burger King Corporation seeks a variance from this requirement to allow the use of their
trademarked "Button Logo" sign as the only signage on the building. The "Button Logo"
includes the words "Burger King" in the logo and serves as the signage for their
restaurants. The "Button Logo" is the corporate trademark and is used throughout the
country and is the recognized identification for their restaurants. There will be no
additional channel lettering or signage applied to the elevation of the building.
,
ri
~..... ~ ~
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07050021 DSV
Petitioner:
Burger King Corporation
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:
The use of the Burger King "Button Logo" sign does not exceed the maximum area
permitted for building signage.
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:
Adjacent properties are all zoned for commercial use.
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:
It will not allow Burger King to use signage that is familiar to their customers.
DECISION
IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance
Docket No. 07050021 DSV 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 2 J /J. day of dv f r
CHAIRPERSON, Carmel/Clay Board 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:\shared\forms\BZA applications\ Development Standards Variance Application rev. 12/29/2006
.. i.
Docket No. 07050021 DSV
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 3 within a unified
development, West Carmel Marketplace Commitments: "a logo can only make up 25%
of the sign area."
Statement of Support
Burger King Corporation seeks a variance from this requirement to allow the use of their
trademarked "Button Logo" sign as the only signage on the building. The "Button Logo"
includes the words "Burger King" in the logo and serves as the signage for their
restaurants. The "Button Logo" is the corporate trademark and is used throughout the
country and is the recognized identification for their restaurants. There will be no
additional channel lettering or signage applied to the elevation of the building.
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07050021 DSV
Petitioner:
Burger King Corporation
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:
The use of the Burger King "Button Logo" sign does not exceed the maximum area
permitted for building signage.
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:
Adjacent properties are all zoned for commercial use.
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:
It will not allow Burger King to use signage that is familiar to their customers.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07050021 DSV 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
-€.>
day of
::Jut>-
/"
. 20 (f:/
,
CHAIRPERSON, Carmel/Clay Board 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:lshared\formsIBZA applicationsl Development Standards Variance Application rev. 12129/2006
'..
Docket No. 07050021 DSV
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 3 within a unified
development, West Carmel Marketplace Commitments: "a logo can only make up 25%
of the sign area."
Statement of Support
Burger King Corporation seeks a variance from this requirement to allow the use of their
trademarked "Button Logo" sign as the only signage on the building. The "Button Logo"
includes the words "Burger King" in the logo and serves as the signage for their
restaurants. The "Button Logo" is the corporate trademark and is used throughout the
country and is the recognized identification for their restaurants. There will be no
additional channel lettering or signage applied to the elevation of the building.
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07050021 DSV
Petitioner:
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
July
.20 07
~//IK--
S"d Member
,
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07050021 DSV
Burger King Corporation
Petitioner:
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
July
,20 07
~\
.
--.,
Page 7 of 8 - z:\sharedllorms\BZA applicationsl Development Standards Variance Application rev. 12/29/2006
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07050021 DSV
Burger King Corporation
Petitioner:
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
July ,20 07
Board Member k A. ~
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
07050021 DSV
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
,20 07
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-~ ...
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07070014 V
Petitioner:
Burger King Corporation
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:
The side yard drive-thru lane will minimize possible congestion at the east entrance
drive to the site.
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:
Adjacent properties are all zoned for commercial use.
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:
The strict application of the Zoning Ordinance to the property would create the potential
for congestion at the east entrance drive to the site.
DECISION
IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance
Docket No. 07070014 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.
day of
or-
,20
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 applica~ons\ Development Standards Variance Application rev. 12/29/2006
, ..
Docket No. 07070014 V
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 23C.l1.G (US
Highway 421 - Michigan Road Corridor Overlay Zone): requiring stacking for drive-thru
lanes to be confined to the rear of the parcel with outlet from such lines also being to the
rear of the building.
Statement of Support
Burger King Corporation seeks variance from this requirement to allow for a side yard
drive-thru lane. The use of a side yard drive-thru lane will minimize possible congestion
at the east entrance drive to the site. The side yard drive-thru lane will also allow greater
separation of drive-thru circulation from other circulation.
~ --
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07070014 V
Petitioner:
Burger King Corporation
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:
The side yard drive-thru lane will minimize possible con~estion at the east entrance
drive to the site.
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:
Adjacent properties are all zoned for commercial use.
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:
The strict application of the Zoning Ordinance to the property would create the potential
for congestion at the east entrance drive to the site.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07070014 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 ..:2.3 day of .::7'\.-/ U- ,20 Q7
/
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on th4:ffione~r his representative to sign).
Page 8 of 8 - z:lshared\forms\BZA applications\ Development Standards Variance Application rev. 1212912006
. <.":.
Docket No. 07070014 V
Statement of Variance
Variance Request from City of Cannel Zoning Ordinance Section 23C.ll.G (US
Highway 421 - Michigan Road Corridor Overlay Zone): requiring stacking for drive-thru
lanes to be confined to the rear of the parcel with outlet from such lines also being to the
rear of the building.
Statement of Support
Burger King Corporation seeks variance from this requirement to allow for a side yard
drive-thru lane. The use of a side yard drive-thru lane will minimize possible congestion
at the east entrance drive to the site. The side yard drive-thru lane will also allow greater
separation of drive-thru circulation from other circulation.
~, :::i
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07070014 V
Petitioner:
Burger King Corporation
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:
The side yard drive-thru lane will minimize possible con~estion at the east entrance
drive to the site.
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:
Adjacent properties are all zoned for commercial use.
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:
The strict application of the Zoning Ordinance to the property would create the potential
for congestion at the east entrance drive to the site.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07070014 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.
Z 1/Y.- day of
Adopted this
CHAIRPERSON, Carmel/Clay Board 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:lshared\forms\BZA applications\ Development Standards Variance Application rev. 12/2912006
.;. ,'.
Docket No. 07070014 V
Statement of Variance
Variance Request from City of Cannel Zoning Ordinance Section 23C.I1.G (US
Highway 421 - Michigan Road Corridor Overlay Zone): requiring stacking for drive-thru
lanes to be confined to the rear of the parcel with outlet from such lines also being to the
rear of the building.
Statement of Support
Burger King Corporation seeks variance from this requirement to allow for a side yard
drive-thru lane. The use of a side yard drive-thru lane will minimize possible congestion
at the east entrance drive to the site. The side yard drive-thru lane will also allow greater
separation of drive-thru circulation from other circulation.
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07070014 V
Petitioner:
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
fuly
,20 07
~~JU
Boar~mber
'"
-
Page 7 of 8 - z:\shared\lorms\BZA applicationsl Development Standards Variance Application rev. 12/2912006
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEAlS
Carmel, Indiana
Docket No.:
07070014 V
Burger King Corporation
Petitioner:
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
lulv
,20 07
~~
oard Member
Page 7 of 8 - z:\shared\lormslBlA applications\ Development Standards Variance Application rev. 12/2912006
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07070014 V
Petitioner:
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
lulv
,20 07
tr p.. ~
Board Member
Page 7 of 8 - z:\shared\formslSZA applications\ Development Standards Variance Application rev. 12/29/2006
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
07070014 V
Burger King Corporation
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 23rd
DAY OF
,20 07
Page 7 of 8 - z:lsharedlforms\BZA applications\ Development Standards Variance Application rev. 12/2912006