HomeMy WebLinkAboutFindings of Fact 05-29-02
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CARMELJCLA Y SOARD OF ZONING J.
CARMEL, INDIANA
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Docket No.:
UY-23-02
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Petitioner.
Martin Marietta, MaterialsJnc.
1.
FINDINGS OF FACT -USE VARIA
The grant of this variance wilL not be cantic1ry to the. pubJic.. interest,.
such that enf.orcement. of the zoning ordinance will result in unnece
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see attached Exhibit H
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2.
The grant of this variance will not be injurious to the public health. safety, morals and general welfare of the
community because: " ....
see attached Exhibit H
3.' The use or value of the ?lrea adjacent to the subject property will not be substantially affected in any adverse
manner because: .
see attached Exhibit H
4. The need forthe 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
beaause:
see attached Exhibit H
DECISION
IT IS THEREFORE the decision af the Carmel/Clay Board of Zoning Appeals that Use 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.
Adopted this. ex e; day of -may-
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Conditions of the Soard are listed an the back.
CHAiRPERSON, CarrnellClay Soard of Zoning Appeals
SECRETARY, Carmel/Clay Soard of Zoning Appeals
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?-age a at a"_ Use V-ananQt ApPuc:ulan
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CARMEUCLAYBOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
UV-23-02
Petitioner:
Martin Marietta Materials, Inc.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
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DATED THIS <!l~DAYOF .~~
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Board ember . . .
Page 7 of 8 - Use Variance Application
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CARMEUCLAYBOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
UV-23-02
Petitioner:
Martin Marietta Materials, Inc.'
1
FINDINGS OF FACT. USE VARIANCE (Ballot Sheet)
2.
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3.
4.
5.
Jo'-
DATED THIS 71
DAY OF
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Page 7 of 8 - Use Variance Application
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CARMEUCLAYBOARD OF ZONING APPEALS
Carmel, Indiana
UV-23-02
Docket No. :
Petitioner:
Martin Marietta Materials. Inc.
Il~tl ~~E VARL4NCE (BallotSheeti
1.
2.
3.
4.
5.
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DATED THIS
29
DAY OF
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Board Member
Paga 7 of 8 - Usa Variance Application
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CARM EUC LAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
UV-23-02
Petitioner:
Martin Marietta Materials, Inc.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1 -ff4l1rC
2.
3.
4.
5.
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DATED THIS
:2 f DAYOF
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Page 7 of 8 - Use Variance Application
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CARMEUCLAYBOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
UV-23-02
Petitioner:
Martin Marietta Materials, Inc.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
JO'
DATED THIS 611 q DAY OF ?/Jar-
Page 7 of 8 - Use Variance Applicalion
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IN THE CARMEL CLAY BOARD OF ZONING APPEALS
IN RE APPLICATION FOR
USE VARIANCE
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Docket No. UV -23-02
MARTIN MARIETTA MATERIALS, INC.,
Applicant
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May 29, 2002
DECISION
Upon application and after a public hearing pursuant to the Advisory Planning Law of the
State oflndiana and the Rules of Procedure of the Board, the Board hereby denies, by a 3-2 vote,
the application for a Use Variance filed by the Applicant. Members voting to deny: Mohr, Rice,
Weinkauf. Members voting to approve: Dierckman, Plavchak.
FINDINGS
The Board finds that the Applicant has not met Criteria #1 and #3 under Section 30.4 of
the Carmel Clay Zoning Ordinance:
A. Criterion # I-The Board finds that the approval of the Use Variance would be
injurious to the public health, safety, morals, and general welfare of the community,
in that the Applicant's proposed intensification of a mining operation next to existing
parkland would create potential health and safety hazards that are not normally
present next to a park area in the Carmel Clay community, such as the possibility of
contamination of ground water from spills occurring on the site and the possibility
that unsupervised children who are using the adjacent parkland will gain access to the
site and thereby be exposed to injury or unhealthy substances. The Board further finds
that the Applicant is unable to erect a fence around the premises to mitigate these
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possibilities because the premises are located within a floodplain.
B. Criterion #3- The Board finds that the need for the Use Variance does not arise from
some condition peculiar to the property involved, but rather arises primarily out of the
Applicant's desire to win the support of certain neighboring property owners for the
approval ofthe related Special Use applications that have been submitted by the
Applicant.
Filed in the Office of the Carmel Clay Board of Zoning Appeals this
day of
2002.
Michael Mohr
President
ATTEST:
Connie Tingley
Secretary
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IN THE CARMEL CLAY BOARD OF ZONING APPEALS
IN RE APPLICATION FOR
USE VARIANCE
o
-23-02
of
MARTIN MARIETTA MATERIALS, INC.,
Applicant
May 29, 2002
DECISION
Upon application and after a public hearing pursuant to the Advisory Planning Law of the
State oflndiana and the Rules of Procedure of the Board, the Board hereby denies, by a 3-2 vote,
the application for a Use Variance filed by the Applicant. Members voting to deny: Mohr, Rice,
Weinkauf. Members voting to approve: Dierckman, Plavchak.
FINDINGS
The Board finds that the Applicant has not met Criteria #1 and #3 under Section 30.4 of
the Carmel Clay Zoning Ordinance:
A. Criterion # I-The Board finds that the approval of the Use Variance would be
injurious to the public health, safety, morals, and general welfare of the community,
in that the Applicant's proposed intensification of a mining operation next to existing
parkland would create potential health and safety hazards that are not normally
present next to a park area in the Carmel Clay community, such as the possibility of
contamination of ground water from spills occurring on the site and the possibility
that unsupervised children who are using the adjacent parkland will gain access to the
site and thereby be exposed to injury or unhealthy substances. The Board further finds
that the Applicant is unable to erect a fence around the premises to mitigate these
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possibilities because the premises are located within a floodplain.
B. Criterion #3-The Board finds that the need for the Use Variance does not arise from
some condition peculiar to the property involved, but rather arises primarily out of the
Applicant's desire to win the support of certain neighboring property owners for the
approval of the related Special Use applications that have been submitted by the
Applicant.
Filed in the Office of the Carmel Clay Board of Zoning Appeals this
day of
2002.
Michael Mohr
President
ATTEST:
Connie Tingley
Secretary
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IN THE CARMEL CLAY BOARD OF zONlNG'AIlPEALS
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IN RE APPLICATION FOR
USE VARIANCE
MARTIN MARIETTA MATERIALS, INC.,
Applicant
May 29, 2002
DECISION
Upon application and after a public hearing pursuant to the Advisory Planning Law of the
State of Indiana and the Rules of Procedure of the Board, the Board hereby denies, by a 3-2 vote,
the application for a Use Variance filed by the Applicant. Members voting to deny: Mohr, Rice,
Weinkauf. Members voting to approve: Dierckman, Plavchak.
FINDINGS
The Board finds that the Applicant has not met Criterion #1 under Section 30.4 of the
Carmel Clay Zoning Ordinance:
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A. Criterion #l-The Board finds that the approval of the Use Variance would be injurious
to the public health, safety, morals, and general welfare of the community, in that the
Applicant's proposed intensification of a mining operation next to existing parkland
would create potential health and safety hazards that are not normally present next to a
park area in the Carmel Clay community, such as the possibility of contamination of
ground water from spills occurring on the site and the possibility that unsupervised
. children who are using the adjacent parkland will gain access to the site and thereby be
exposed to injury or unhealthy substances. The Board further finds that the Applicant is
Unable.to erect afence around the premises to mitigate these hazards because the
premises are locafed within a floodplain.
Filed in the Office of the Carmel Clay Board of Zoning Appeals this
day of
,20
Michael Mohr
President
ATTEST:
Connie Tingley
Secretary
2
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IN THE CARMEL CLAY BOARD OF ZONING APPEALS
IN RE APPLICATION FOR
USE V ARlANCE
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Docket No. UV-23-02
of
MARTIN MARIETTA MATERIALS, INC.,
Applicant
May 29, 2002
DECISION
Upon application and after a public hearing pursuant to the Advisory Planning Law ofthe
State of Indiana and the Rules of Procedure ofthe Board, the Board hereby denies, by a 3-2 vote,
the application for a Use Variance filed by'the Applicant. Members voting to deny: Mohr, Rice,
Weinkauf. Members voting to approve: Dierckman, Plavchak.
FINDINGS
The Board finds that the Applicant has not met Criteria #1 and #3 under Section 30.4 of
the Carmel Clay Zoning Ordinance:
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A. Criterion #l-The Board fmds that the approval of the Use Variance would be
injurious to the public health, safety, morals, and general welfare of the community,
in that the Applicant's proposed intensification of a mining operation next to existing
parkland would create potential health and safety hazards that are not normally
present next to a park area in the Carmel Clay community, such as the possibility of
contamination of ground water from spills occurring on the site and the possibility
that unsupervised children will gain access to the site and thereby be exposed to injury
or unhealthy substances.
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June 2002.
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Criterion #3-The Board finds that the need for the Use Variance does not arise from
some condition peculiar to the property involved, but rather appears to arise solely out
of the desire to win the support of certain neighboring property owners for the
approval of a related Special Use application that has submitted by the Applicant.
Filed in the Office of the Carmel Clay Board of Zoning Appeals this
day of
Michael Mohr
President
ATTEST:
Ramona Hancock
Secretary
2