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HomeMy WebLinkAboutFindings of Fact CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07060011 V Petitioner: Providence Commercial properties, LLC (Buckingham Companies) 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 approval of this request will not be injurious in the above stated ways. The addition of a full access is possible and safe at this location. The variance is necessary aue to tne govern~ng zon~ng ora~nance re!erenc~ng a plan \~UUU Ola Mer~a~an Task Force Report) that has been revised. The revision makes this full access possible. 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: There will be no adverse effects to use and value of the surrounding property. This additional cut will permit the remaining parcel to be fully developed as per the design and uses required by the 2000 Old Mer~dian Task Force Report. Th~s proposed full access is adequately RP"'I"'''r'l frnm nth",r 1"'1Irh 1"'1ItR (",1'1 p..r rity nf r",rm",' F.ngin"'..ringl 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 variance is necessary due to the Zoning Ordinance referencing a plan (2000 Old Meridian Task Force Report) that nas neen rev~sed. Tn~s 2000 plan ~dent~!~es a med~an on Old Mer~d~an tnat was not constructed as such. The planned access points for Old Meridian were based u~on the medians depicted in the 2000 Task Force Report. The finalized design for Old Meridian Street has been changed and the harm the full development of these parcels. street is now under construction. Strict application of the ordinance would unnecessarily limit and 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 herein by reference and made a part hereof. 2 ~~ J"I,'I 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:\sharedlforms\BZA applicationsl Development Standards Variance Application rev. 12/29/2006 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 07060011V Providence Commercial Partners, LLC (Buckingham Companies) FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 2'51 DAY OF ~'Q ,20 () 7 Bo.:lt.r ft. ~ Page 7 of 8 - z:\shared\formsIBZA applicationsl Development Standards Variance Application rev. 12/29/2006 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 07060023V Providence Commercial Partners, LLC (Buckingham Companies) FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 2)~ DAY OF .J 1I't.1 ,20 tJ 7 ~ jh. ~ Board Me er Page 7 of 8 - z:\shared\formsIBZA applicationsl Development Standards Variance Application rev. 12/29/2006 i \ CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07060023 V Petitioner: Providence Commercial Properties, LLC (Buckingham Companies) 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 approval of this request will not be injurious in the above stated ways. Adding 50 feet (2-3 tenant spaces ground floor) will allow the Old Meridian Frontage to be fully utilized ano re1ntorce the Oes1reO goals/v1s1on as 1n01cateO 1n the 2000 010 Mer101an TaSk Force Recort. The variance is necessarv due to shace/remainder of the Providence Shocces Parcel. 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: 'T'h,:::t.'1""':)' wi l' h,:li nn ~('hT':'''''~~ lQiff,::::llt""T I:!. Tn llJ:t,::t. :::Inn ',,:::1 111':' nf' t-n,::. l:tl,r'Y'()l1ntii n~ pr0l'400'Y't-y n., 1 "wi ng additional building frontage will permit the site to better develop to the vision of the 2000 Old Meridian Task Force Report. 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 variance is necessary due to the shape and size of this parcel along with the provisionsl footprints ot the 2000 010 Mer101an Task Force Report. BU1101ng to the street, anO creat1ng a pedestrian friendly streetscace reauires buildings. and works best when there is less space between structures along the "street wall". Strict application of the ordinance would unnecessarily 2 building "pads". limit and harm the full development of these parcels - and create a large gap between the remaining 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 herein by reference and made a part hereof. ZJ?l day of J,,~i ,20 07 . CHAIRP 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\formsIBZA applicatlonsl Development Standards Variance Application rev. 12/29/2006