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Home My WebLink AboutFindings of Fact CARMELlCLA Y ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100024V Petitioner: JBC1, LLC 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: It does not increase the densitvof what the zoninq ordinance will allow absent the variance; Will not create any traffic safety hazard; and will not be visible to the public from 106th Street. 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 development density will be compatible With that of adiacent property, and the proposed development will be adequatelv screened from adjacent prooerties via common areas. includinq a preserved wooded area, and adequate buffer yards. 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 preservation area, Common Area "C," reduced the available lot depth and area, thus makinq it impractical to provide for the required setbacks. particularly in liqht of the type of housinq and subdivision proposed. 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 herem by reference and made a part hereof Adopted this Wj--h. day of ,rLhv:, 2007, . ~ AJRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Ca,meVClay Baa,d of Zoning Appo"'s ~~~ Conditions of the Board are listed on the ack (Petitioner or his representative to sign) 1004763_1 DOC Page 8 of 8 - z:\sharedl,forrns\AZA applicalions'\ DcveJopmefll Standards V"rianCB ^pp~ic.atioll rcv_ 12129/?006 -'" Docket No.: Petitioner: 1, 2. 3. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 07100024V JBC1, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS ?VfhoAY OF )( ,2a::?7 1004763_ 1 .DOC ~P-' B~ Mambe'''' u Page 7 of 8 - z:\shared\forms\fJZA aoplications\ Development Slanuo'd, Variancel\oplicalion rev. 1 21~9f?006 Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS 07100024V JBC1, LLC Carmel, Indiana FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1, 2. 3. DATED THIS ~DAY OJt1;V'~~20al- 1004763_1 DOC ;z!~ ~ Page 7 of 8 - 7.:\shared\form5\BZA appllcebons\Development Standards Variance AppliC<ltion rev. 121:'912006 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No: 07100024V Petitioner: JBC1, LLC 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. it does not increase the density of what the zoninq ordinance will allow absent the variance; will not create any traffic safety hazard: and will not be vIsible to the public from 106th Street 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 development density will be compatible with that of adlacent property, and the proposed development will be adequatelv screened from adjacent properties via common areas, includinq a preserved wooded area, and adequate buffer yards. 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 preservation area. Common Area "C," reduced the available lot depth and area, thus makinq it impractical to provide for the required setbacks, particularly in liqht of the type of housinq and subdivision proposed 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. A(P Adopted this daYOf!t:or:20 87. ~:fibzAdj/ 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). 1004763_ ;'DOC Page 8 of 8 ~ z:\shamd\forms\.f37J\ i1ppln':i;ltiOflS\ Doveiopment Sl~H1dards Varianco Applicatiun rev. l212S/20Q6 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100025V Petitioner: JBC1, LLC 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: It does not increase the density of what the zoning ordinance will allow absent the variance; will not create any traffic safety hazard; and will not be visible to the public from 1 06th Stree!. 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 development density will be compatible with that of adiacent property. and the proposed development will be adequatelv screened from adjacent properties via common areas, includinq a preserved wooded area, and adequate buffer yards. 3 The strict application of the terms of the Zoning Ordinance to the p'roperty will result in practical difficulties in !rle use of the property because: the preservation area, Common Area "C," reduced the available lot depth and area, thus makingjt impractical to provide for the required setbacks, particularly in light of the type of housinq and subdivision proposed, 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. dupted th~ IRPERSON, Carmel/Clay Board of Zoning Appeals day oftJ.iiL, 20~ , ~--~ y ~ SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign)_ 10DH53__1DOC Page 8 of 8 - <:\shdredlforms',RZA applicationsl Development Standards Variance AppliCation rev, 12129.12006 ... CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.. 07100025V JBC1, LLC Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1, 2. 3. DATED THIS ~ DAY OFAbvl- ,200:; 1004763.1.DOC Page 7 of 8 -l.:is.'1aredi,forms,DZA appliGat~on5' De\lelopment Standards Vuri~nr::f,; Applfcmion rev,1:(129l2006 ;.... Docket No.: Petitioner: 1, 2. 3. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS 07100025V Carmel, Indiana JBC1, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS ZblhOAY OF II 10047~3. 1DDC CJ7 ,20_ ~~~ B~rd Mem ber Page 7 of 8 - z:\shared\fofmS'BZA applications\ De,.'elopment Standards Variance Application rev. 1212912006 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100025V Petitioner: JBC1, LLC 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: It does not increase the density of what the zoning ordinance will allow absent the variance; will not create any traffic safety hazard; and will not be visible to the public from 1 06th Street 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 development density will be compatible with that of adjacent property, and the proposed development will be adequately screened from adiacent properties via common areas, includinq a preserved wooded area, and adequate buffer yards 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 preservation area, Common Area "C," reduced the available lot depth and area, thus maklnq it impractical to provide for the required setbacks, particularly in liqht of the type of housinq and subdivision proposed. 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 "'7 ... Adopted this c7< 4:J day ofM0o tJ / 'fJ;M~(JMzJlaL 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) 1004763_1 DOC Page 8 of 8 - z:\shmcdlforms'HZA applicallons\ Develooment Stand.ards Variance Application rev, 17n9nOOfi