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erTY 'Q-pseARMEL
JAMES BRAlNARD, MAYOR
October 12, 2007
To: Board of Zoning Appeals
From: Adrienne Keeling
Cannel Department of Community Services
Re: October 22, 2007, Hearing Oft-icer Meeting
Docket No. 071.00009 V
940 W cst 13 rt Street, Cannel, Indiana 46032
The City of Cannel is seeking a Development Standards Variance on behalf of the propcliy
owner, David Maksymczak, to reduce the five-acre minimum lot area requirement for a
farm. While the property is not cun-entIy five acres in size, its farm existed at the time of
annexation. Proposed widening of 131 si Street will reduce the property size even
further to 1.929 acres. The granting of the proposed Variance should alleviate the
propeliy owner of potential undue hardship in future matters associated wi th the reduced
lot size.
The Department respectfully requests approval oft11is Development Standards Variance
request.
Please find the following documents attached to assist in your review:
I. Site Plan
2. Findings of Fact
3. Ballot Sheet
DEPARTMENT OF COMMCNITY SERVICES
ONE Clvrc SQ1IARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX ')17.5712426
MICHAEL P HOLl.IBMlGlf, DlRECTOR
LOCA TION MAP
940 West 131 SI Street
Maksymczak Parcel
Docket No. 07100009 V
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CARMELlCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07100009 V
Petitioner:
David Maksymczak / Carmel Dept of Community Services
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 road widening and change in road right of way location caused a change in the area of the lot.
Requesting variance aRRroval for new lot area to be legallv established.
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:
The road wideninQ and change in road right of way' location caused a change in the area of the lot.
Requesting variance approval for new lot area to be legally established.
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 building will become iIIeQallv non-conforming, not due through any' fault of the Rroperty owner.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07100009 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 22nd day of October, 2007.
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).
2007-1012; 07100009 V: Application
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
07100009 V
David Maksvmczak I Carmel Dept of Community Services
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS nnd DAY OF OCTOBER, 2007.
Board Member
2007-1012: 07100009 V, Applicalion