HomeMy WebLinkAboutFindings of Fact 06-30-05 remand & revote
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Docket No.~
CARMELlCLA Y BOARD OF ZONING APPEALS
CARMEl., INDIANA
-U\J. - b~ - 07..-
Petitioner:
Martin Marietta MatenalsJnc.
1.
RNDINGS OF FACT - USE VARIANCE
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:
see attached Exhibit H
2. The grant of this variance will not be injurious to the public health, safety, morals and generai welfare of the
community because: .. >
see.attached Exhibit H
3.. The use or value of the !,!rea adjacent to the subject property will not be substantially affected in any adverse
manner because: .
see attached Exhibit H
4. The need for the variance arises from a natural condition peculiar to the subject because:
see attached Exhibit H
5.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because:
see attached Exhibit H
DECISION
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--CI bldr~N, emmel/Clay 80a.rd ot Zoning Appeals
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SECRETARY. Carmel/Clay Board of Zoning Appeals
Conditions of the Board are rlSted on the back.
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EXHIBIT H
Findines of Fact - Use Variance
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:
Martin Marietta's existin~ sand and ~avel processing facility is located directly west of
Hazel Dell Parkway from the proposed new location. Relocation of this facility is not necessary to
the operations of Martin Marietta. however. in order to accommodate the adjacent residential
communitv. Martin Marietta is willing to relocate the facility as indicated: enforcement of the zoning
ordinance will result in unnecessary hardship in that relocation of the facility will be precluded. with
the result that it will continue to operate in its current location indefinitely. contrary to the wishes
of the adjacent residents.
2. The grant of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The sand and ~avel processin~ facility will be si2l1ificantlv more distant from the majority
of residential areas in the vicinity: access to the facility will be by means of the existing entrance to
the property and the amount of traffic will not be substantially different than that which presently
exists at the facility: the proposed use has been approved for location in the floodwav by the Indiana
Department of Natural Resources.
3. The use of value of the are adjacent to the subject property will not be substantially affected
in any adverse manner because:
The sand and gravel processing facility will be significantly more distant from the majority
of residential areas in the vicinity: the facility will be buffered and screened bv the existing wooded
area alone the eastern side of Hazel Dell Parkway which will remain intact.
4. The need for the variance arises from a natural condition peculiar to the subject because:
The subject property lies almost entirely within the FW Floodway District and is thus
unsuitable for most development. especially those uses permitted in the S-l District: the need for the
variance arises out of the desire to relocate the existing facility further away from the nearby
residential areas to the west.
5. The granting of this variance does not substantially interfere with the Carmel/Clay
Comprehensive Plan because:
The Land Use Plan of the Carmel/Clay Comprehensive Plan indicates that the subject
property lies in the 100 year flood plain and indicates that the area is not planned for either
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. Residential Community use (even though located in the 8-1 District) or a Regional and Community
Emplovment area: sand and gravel processing is an appropriate use in the floodway area.
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INDSOI THE 4SSSSS,'1
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