HomeMy WebLinkAboutFindings of Fact 05-29-02
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IN THE CARMEL CLAY BOARD OF ZONING APPEALS
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Docket No. SU-24-02
IN RE APPLICATION FOR
SPECIAL USE
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 ofIndiana and the Rules of Procedure of the Board, the Board hereby denies, by a 3-2 vote,
the application for a Special Use 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 #2 and #3 under Section 21.4.1 of
the Carmel Clay Zoning Ordinance:
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A. Criterion #2- The Board finds that the approval of the Use would expand an existing
mining operation in the neighborhood and that this would have a negative effect on
surrounding property values, because evidence was submitted tending to show that the
value of residential properties in the surrounding neighborhoods has historically
appreciated at a lesser rate than the value of such properties in similar neighborhoods in
the Carmel Clay community which are not located near mining operations, and such
evidence was not rebutted by the Applicant.
B. Criterion #3- The Board finds that the approval of the Use would expand an existing
mining operation in the neighborhood and that this would not be compatible with the
existing residential uses in the vicinity of the premises and would have a negative effect
on neighborhood integrity, because evidence was submitted tending to show that mining
operations create potential health and safety hazards that are not normally present in
residential areas, such as the possibility of contamination of ground water from spills
occurring on the site and the possibility that unsupervised children from the adjacent
neighborhood will gain access to the site and thereby be exposed to injury or unhealthy
substances, because generation of noise associated with mineral extraction would
negatively affect the quality of life in the adjacent residential neighborhood, and because
the proposed Use would expand an existing eyesore that would detract from the utility of
the residential properties in the adjacent neighborhood.
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Filed in the Office of the Carmel Clay Board of Zoning Appeals this . day of
I~rvr
,2007
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Michael Mohr
President
ATTEST:
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Connie Tingley
Secretary
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IN THE CARMEL CLAY BOARD OF ZONING APPEALS
IN RE APPLICA nON FOR
SPECIAL USE
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Docket No. SU-25-02
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 ofIndiana and the Rules of Procedure of the Board, the Board hereby denies, by a 3-2 vote,
the application for a Special Use 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 #3 under Section 21.4.1 of the
Carmel Clay Zoning Ordinance:
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A. Criterion #3- The Board finds that the approval ofthe Use would result in the owners of
certain lots in the adjacent residential neighborhood having the opportunity to acquire
frontage on and access to the resulting lake while the majority of the lot owners in the
neighborhood would not have such access, and that this result would have a negative
effect on neighborhood integrity, because evidence was submitted tending to show that
under the development proposal advanced by the applicant the benefits accruing to the
lots having access to the lake would be outweighed by the detriment to other lots in the
neighborhood that would not have access to the lake.
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Filed in the Office of the Carmel Clay Board of Zoning Appeals this l"1 day of
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,2003,
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Michael Mohr
President
ATTEST:
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Connie Tingley
Secretary
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IN THE CARMEL CLAY BOARD OF ZONING APPEALS
IN RE APPLICA nON FOR
DEVELOPMENT STANDARDS VARIANCE
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Docket No. V-27-02
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 Development Standards 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, #2, and #3 under Section 30.4
of the Carmel Clay Zoning Ordinance:
A. Criterion #1- The Board finds that the approval of the Variance would be injurious
to the public health, safety, morals, and general welfare of the community, in that the
Applicant's proposed expansion of a mining operation would create potential health
and safety hazards that are not normally present within 100 feet of residential areas 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 from
Carmelot Park will gain access to the site and thereby be exposed to injury or
unhealthy substances.
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B. Criterion #2- The Board finds that the use and value of the area adjacent to the
property included in the Variance would be affected in a substantially adverse
manner, because the Variance would allow the Applicant to conduct a mining
operation closer to Carmelot Park than the Zoning Ordinance would normally allow
and evidence was submitted tending to show that the value of residential properties in
the surrounding neighborhoods has historically appreciated at a lesser rate than the
value of such properties in similar neighborhoods in the Carmel Clay community
which are not located near mining operations, and such evidence was not rebutted by
the Applicant.
C. Criterion #3-The Board finds that the strict application of the terms of the Zoning
Ordinance would not result in practical difficulties in the use of the property included
in the Variance, in that the Applicant has not demonstrated that it would be unable to
profitably develop the property under the existing land use ordinances and regulations
without a relaxation of the normal setback standards prescribed by the Zoning
Ordinance.
Filed in the Office of the Carmel Clay Board of Zoning Appeals this ~? f{,.. day of
f'N.t
,2001.
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Michael Mohr
President
ATTEST:
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Connie Tingley
Secretary
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